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(영문) 서울고등법원 2016.08.19 2015나2030099
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

Defendant.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(2) On February 15, 2007, Defendant C was a company established for the purpose of mine business, overseas resources development business, etc., and Defendant C was a representative director of the Defendant Company from the time of its establishment to the date of its establishment. Defendant C was a representative director of the Defendant Company. Defendant C was appointed on March 27, 2009 as the representative director of DCO, Inc. (the trade name before DCO, LTD, and change are E; hereinafter “D”) and added the exploration and development of domestic and foreign resources to its business purpose, and was employed as the representative director of the said company until October 10, 2014.

B. Investment contract 1 between the Plaintiff and the Defendant C) The Plaintiff, on January 29, 2007, intended to make spot investments to Defendant C for Defendant C and Defendant C’s F business, etc. and to transfer the shares of the Defendant C to the Plaintiff by establishing the Defendant Company (hereinafter “instant investment contract”).

(A) The Plaintiff concluded a contract with the Defendant C to invest approximately KRW 1 billion in facilities, equipment, and incidental expenses, such as cream and domination.

(Article 3.(b) Defendant C transfers to the Plaintiff 7.3% of the shares issued by B Co., Ltd. (BC) and 3% of the shares issued by the Defendant Co., Ltd. (B) a Korean Co., Ltd. (C) a Korean Co., Ltd. (Article 4.) upon entering into this contract to the Plaintiff, the Defendant C transfers shares equivalent to the above shares out of the shares issued by the Defendant Co., Ltd. (Article 4.C). The said shares will be distributed after the establishment of the Defendant Co.

(Article 5) The Plaintiff may not be engaged directly or indirectly in a business operated by Defendant C without the prior written consent of Defendant C (Article 15(2)) (e)). The Plaintiff may not engage directly or indirectly in a business that has a significant impact on the business operated by Defendant C (Article 15(2)). The Plaintiff may use the business secrets of the Defendant C acquired through the instant investment contract and directly or indirectly engage in the same kind of

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