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(영문) 서울중앙지방법원 2015.04.03 2014가합8283
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 25, 2002, the Plaintiff, B, C, and D (hereinafter “Plaintiff, etc.”) was changed to the representative director (the representative director was changed to the Plaintiff on July 11, 2007) and the capital of KRW 50,000,000 (the capital of June 30, 2006 was changed to KRW 200,000,000) and changed to E (the trade name was changed to “F of a stock company” on June 22, 2002 and “G” on July 11, 2007, respectively.

B. G was a company engaged in clothes and miscellaneous electronic commerce, etc., and G’s shareholder, etc. came to know through H that the Defendant was in physical coloring the company subject to acquisition, thereby promoting a contract under which G’s entire shares were transferred between the Defendant and the Defendant (hereinafter “instant M&A”).

(A) Evidence No. 1, B No. 1-3).

On March 27, 2007, the Defendant entered into a contract of actual inspection on the assets and liabilities of G with the Samil Accounting Corporation on June 21, 2007 and reported the results of the inspection on June 21, 2007, and set the price for acquiring the entire stocks of G temporarily at KRW 3.9 billion.

(1) No. 1(d).

With H on June 25, 2007, the Plaintiff entered into a contract with H to pay KRW 1.1 billion to H immediately after receiving the share transfer price from the Defendant, based on the provisionally determined share price of KRW 3.9 billion in relation to the instant M&A as above, based on the share price of KRW 3.9 billion.

(A) No. 2, e.

On August 3, 2007, the Defendant entered into a share acquisition agreement with the Plaintiff, etc. [200,000 shares (20, B 48,000 shares owned by the Plaintiff, C 80,000 shares owned by the Plaintiff, C 80,00 shares owned by the Plaintiff, and D 12,00 shares owned by the Plaintiff] to acquire KRW 3.9 billion, and paid the price to the Plaintiff, etc. on August 28, 2007.

On August 29, 2007, the day following the day on which the Plaintiff received the share transfer price, the Plaintiff is above H.

The fee under the subsection (hereinafter “instant M&A fee”) was paid.

(A) Evidence Nos. 1, 3-1 to 11). (f)

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