(영문) 서울동부지방법원 2017.01.25 2016나24491

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(영문) 서울동부지방법원 2017.01.25 2016나24491

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 25, 2012, the Plaintiff entered into a management consulting agreement with the Defendant, who operated the business in the name of “C”, and with the terms that the Plaintiff company is to receive an exclusive delegation from the Defendant to engage in corporate restructuring through corporate mergers and financing [the amount of remuneration shall be KRW 10 million, the contingent remuneration shall be KRW 50 million, and the contingent remuneration shall be the higher of the amount of the gender death or the amount of the investment inducement (the amount of the business transfer) exceeding the amount of the gender death];

B. On June 28, 2012, the Defendant established C Co., Ltd. (hereinafter “Nonindicted Company”) and around June 29, 2012, the Plaintiff changed the contracting body from the Plaintiff Company to D, the representative director of the Plaintiff Company, and decided performance fees of KRW 50 million. D entered into a management consulting change agreement (hereinafter “instant management consulting change agreement”) to invest at least KRW 50 million in the Nonparty Company.

C. On July 4, 2012, D and the non-party company entered into a new shares subscription contract with D to acquire KRW 100 million per common share issued by the non-party company at KRW 50 million per share (hereinafter “instant new shares subscription contract”). The Defendant provided D with KRW 50 million per share to D with KRW 50 million per share and KRW 5 million per share to D, F, and G (hereinafter “D, etc.”), and D, F, and G (hereinafter “D, etc.”) deposited each of the above money into the account of the non-party company in the name of the investment amount under the instant new shares subscription contract.

D and the defendant, on August 15, 2012, when the shares issued by the non-party company are owned by the corporate strategy of the company, they recognize that they do not have any right to the shares they own, and if the company requests the return of the rights granted by the company to the shares, they undertake to return the shares.

A company shall pay at its own expense taxes and expenses to be borne by it due to ownership of stocks and acquisition of stocks.

유사 판례

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-서울행정법원 2011. 10. 06. 선고 2011구합18694 판결

-대법원 1983. 2. 22. 선고 82누136 판결

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