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(영문) 대구지방법원 2020.06.18 2019가합201499
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are Co., Ltd. G (hereinafter “Nonindicted Company”) engaging in the automobile parts manufacturing business and wholesale and retail sales business.

(2) The Defendants are the former shareholders of the non-party company, and the Plaintiff A and B served as the registration director of the non-party company from June 30, 2015 to October 5, 2015. (2) The Defendants are the former shareholders of the non-party company, who transferred the stocks, etc. of the non-party company to the Plaintiffs.

B. On June 4, 2015, the Plaintiffs concluded a corporate acquisition agreement and a share purchase agreement (i.e., a corporate acquisition agreement and a share purchase agreement) with the Defendants to acquire the non-party company KRW 610 million from the non-party company (hereinafter “instant acquisition agreement”).

(2) On the other hand, the Plaintiff entered into a share purchase contract with the Defendants to acquire all the shares owned by the Defendants. 2) On the other hand, the Plaintiff entered into a share purchase contract with the Defendants to purchase 1,500 shares of Defendant D (i.e., KRW 90,000 per share x KRW 1,500 per share x 1,500 shares); Plaintiff B entered into a share purchase contract with the Defendant E to purchase 1,50 shares of KRW 135,00,000 per share x 2,000 shares (= KRW 90,000 per share x 2,000 shares x 2,00 shares); Plaintiff C paid all the purchase price of shares to Defendant F (=90,000 shares per share x 1,500 shares x 1,500 shares).

【Ground for Recognition: Unsatisfy Facts, Gap evidence 1, 3, 5, 7

(2) Each entry and the purport of the whole pleading

2. Determination as to the cause of action

A. At the time of entering into a share purchase agreement with the Defendants, the Plaintiffs were provided with the materials that the sales claim against Nonparty Company H (hereinafter “H”) (hereinafter “instant sales claim”) reaches KRW 327,223,362 at the time of entering into a share purchase agreement with the Defendants, and on the premise that the pertinent sales claim actually exists, the acquisition price of the Plaintiff is set at KRW 610,000,000,000.

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