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(영문) 서울중앙지방법원 2017.01.12 2015가단213092
기망에 의한 주식매매계약취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the underlying facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1 to 5, Gap evidence 11, 15, 16, 32 and 33, Eul evidence 1 to 18 (including numbers; hereinafter the same shall apply), Eul evidence 1 to 18, and Eul's testimony as a whole:

The plaintiff is the transferee of the non-party D Co., Ltd. (the name of the non-party D Co., Ltd. was changed to the "E"; hereinafter referred to as the "non-party company"). The defendant is the transferor who sells non-party company's non-party stocks to the plaintiff as the former

Although both the Plaintiff and the Defendant were aware, Nonparty F recommended the Plaintiff to acquire non-party F’s non-party stocks in relation to the national English test to be implemented in the future on March 2011.

B. On March 31, 2011, the Plaintiff: Provided, That the seller of the evidence document No. 3 written contract is indicated as I.

The Defendant concluded a contract to transfer or take over the non-party company's non-listed stocks, and the Defendant transferred 75,000 common shares out of the total shares of the non-party company to 3.1%, and the Plaintiff acquired it, and the purchase price shall be paid to 165,00,000 won per share.

(hereinafter “instant share sales contract”). Accordingly, the Plaintiff paid KRW 165,00,000 to the Defendant on March 31, 201, and on April 1, 2011, delivered a certificate of stock ownership and a certificate of non-issuance of share certificates to the Defendant on April 1, 201, the instant contract was completed.

C. On the other hand, on November 30, 2010, the representative director C of G (hereinafter “G”) entered into a business agency agreement with the Defendant, who is the representative director of the non-party company, to purchase KRW 100,000 for the sale of H-line services at KRW 550,00,000.

G on December 31, 2010, paid KRW 10,000,000 to the non-party company twice each time on two occasions, and paid KRW 5,000,000 on January 21, 201, and paid KRW 5,000,000 on January 25, 2011.

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