beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was working for E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), and was working for the said companies from March 2006 to March 201, 201, following directors, auditors, etc. In E, the representative director was working for F from June 2004 to March 201; Defendant B was working for E and F’s representative director from March 201 to March 201; Defendant D is working for E and F’s auditor from around 2011 to the date; Defendant D is working for E and F’s auditor from around 2011 to the date; and Defendant C is working for Defendant B’s reference.
B. On May 19, 2015, the Plaintiff sold 18,370 shares of E to Defendant B in KRW 80,001,350, and F’s shares of KRW 38,760 (hereinafter “instant shares”) in KRW 160,001,280, respectively.
[Evidence] In the absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. Defendant C and Defendant B requested the sale of the instant shares to Defendant B, and the circumstances of each company are difficult, and the Plaintiff presented KRW 4,355 per share for E’s shares, and KRW 4,128 per share for F’s shares at the sale price.
B. On May 19, 2015, the Plaintiff sold the instant shares held by the Plaintiff at the price above to Defendant B, when it believed Defendant B, etc., who was well aware of the company’s circumstances, as the representative director of the said company, because the instant shares were non-listed shares.
C. However, around November 2017, the Plaintiff received an ex officio notice of taxation, stating the tax base amount of KRW 1.1 billion, with respect to the transfer of the instant shares from Samsung Tax Office, and Defendant B voluntarily paid the tax amount in addition to the transfer of the instant shares.
Defendant B and C are the representative director of each company or exercise de facto control over each company.