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(영문) 서울중앙지방법원 2011.11.18 2010가합49354
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 8, 10, 32, and 39 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings:

Plaintiff

A on February 9, 2008, from Defendant D Co., Ltd. (hereinafter “Defendant D”), purchased 331/19,835 square meters of Q2, Q2, Q235 square meters (hereinafter “instant Q2”), paid 30,00,000 won, and completed the registration of ownership transfer on March 6, 2008, when the registration of ownership transfer was completed under the name of Defendant E Co., Ltd. (hereinafter “Defendant E”).

B. On November 29, 2007, Plaintiff B purchased 661/19,835 shares (600 square meters) out of Docheon-si R 19,835 square meters (hereinafter “the instant RR forest”) from Defendant D on November 29, 2007, and paid KRW 58,000,000, and completed the registration of ownership transfer with respect to the said shares, the ownership transfer of which was completed under Defendant E’s name on January 4, 2008.

C. On October 2, 2007, Plaintiff C purchased 661/19,835 shares of the instant RR forest from Defendant D, paid KRW 58,00,000, and completed the registration of ownership transfer with respect to the said shares for which the registration of ownership transfer was completed under Defendant E’s name on January 16, 2008.

As of April 14, 2008, the market price of Q forest of this case is 2,052,200 won (won 6,200 won) as of April 14, 2008, and 2,548,700 won (won 7,700 won) as of January 18, 201.

E. ① Defendant G is the former director of Defendant E and the current auditor, Defendant F Co., Ltd. (hereinafter “Defendant F”), and ② Defendant I is the director of Defendant F; ③ Defendant J is the representative director of Defendant D and the director of Defendant F; ④ Defendant K is the representative director of Defendant E; ⑤ Defendant L is the representative director of Defendant F; ⑤ Defendant M and N are the directors and auditors of each Defendant D and F; 7 DefendantO is the auditor of Defendant E; and 7 Defendant P is the director of Defendant D.

(f) the defendant.

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