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(영문) 서울동부지방법원 2016.11.23 2015가단44978
합의금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Denmark C (hereinafter referred to as “C”) is the representative director of D (hereinafter referred to as “D”) and E (hereinafter referred to as “E”), and the Defendant served as the inside-house director by January 28, 2015.

B. On October 30, 2013, between D and D, the Plaintiff Company entered into a contract for transfer of shares, acquisition of KRW 124,590,00 to sell to the Plaintiff Company for KRW 1,00,000,000, and KRW 2,825,407,173 to sell to the Plaintiff Company the purchase price of KRW 2,00,000,000 to the Plaintiff Company. The Plaintiff Company paid KRW 100,000,000 to D as an intermediate payment under the above share transfer and acquisition contract, and KRW 200,000,000 as a down payment under the above bond transfer, a down payment under the above contract, and an intermediate payment, and KRW 200,000,00 as an intermediate payment.

C. However, on April 29, 2014, D notified, by content-certified mail, the Plaintiff Company did not perform the obligation to pay the balance under the said stock transfer, acquisition contract, and transfer of bonds, and acquisition contract, that each of the above contracts will be rescinded.

On the other hand, on June 11, 2014, the Plaintiff Company filed a complaint with C and the Defendant with the Seoul Eastern District Prosecutors' Office for fraud and breach of trust on the ground that C and the Defendant suffered property damage equivalent to KRW 500,000,000 in total paid as down payment and intermediate payment in violation of the duties under each of the above contracts, by deceiving C and the Defendant, who are the representative director of D and E, and the Defendant.

E. On September 16, 2014, the Plaintiff and the Defendant drafted a written agreement (Evidence No. 3, 2014; hereinafter “instant agreement”) with the Plaintiff Company and its actual operator, as shown in the attached Form, to resolve disputes arising out of the Plaintiff’s notification of termination of the contract as of April 29, 2014, and the Plaintiff’s accusation as of September 16, 2014.

F. The plaintiff.

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