(영문) 서울중앙지방법원 2018.01.18 2016가합571600

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Reasons

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(영문) 서울중앙지방법원 2018.01.18 2016가합571600

손해배상(기)

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1. The plaintiff's claim against the defendant A is dismissed.

2. Defendant B: (a) KRW 500,000,000 for the Plaintiff and its related expenses on January 2, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established with the aim of carrying out business affairs related to private equity funds, business affairs related to corporate restructuring, and business affairs related to the acquisition and merger between companies. 2) Defendant A served as an auditor of a stock company C (hereinafter “Nonindicted Company”) from March 31, 2008 to March 28, 2013. Defendant B served as the representative director of the nonparty company from March 31, 2008 to December 201, Defendant B is a person who was in general control over all business affairs such as fund management of the non-party company, and Defendant A’s birth.

3) The non-party company is a company established for the purpose of carrying on the main and metal-type manufacturing business, the non-ferrous metal pressure-generating and tobacco-processing business, the manufacture of metal-processed products, and the manufacture of automobile parts. (B) On September 6, 2012, the Plaintiff entered into a share purchase contract with the Defendant A and the non-party company owned by the Plaintiff A (hereinafter “instant shares”) on a total of KRW 125,000 shares (hereinafter “instant shares”). At the time, the Defendant B entered into the instant share purchase contract on behalf of the Defendant A, as follows.

In the transfer of common shares of the issuance of the non-party company that is owned by Defendant A, this contract entered into a share sale contract with the transferor Defendant A, and the transferee Party B, with the Plaintiff “B”, and entered into a share sale contract between “A and “B” as follows.

Article 1 (Subject Matter of Sale) (1) The subject of issuance: Non-Party Company. (2) The class of shares: The class of shares. The par value per share: Article 2 (Transaction and Number of Stocks): 500 won: 4,000 won per share. (2) The number of shares traded: 125,000 won. (3) The total amount of purchase price: Article 4 (Transfer of Rights and Payment of Sales Price) (1) The “A” shall receive the purchase price from “B” and transfer all rights to the shares of the subject matter of sale to B at the same time.

(2) "B" shall trade the purchase price.

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