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(영문) 부산지방법원동부지원 2014.09.18 2013가합4004
손해배상(기)
Text

1. The Defendant: (a) KRW 211,82,917 for the Plaintiff and 5% per annum from October 11, 2013 to September 18, 2014; and (b) for the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) Co., Ltd. (hereinafter “C”)

(2) On January 24, 2010, the Plaintiff entered into an industry-academic cooperation project with D University in Nam-gu, Busan. According to the above agreement, C will manage and operate “F” by: (a) establishing a special purpose corporation; (b) making contributions to D University and paying fees for the use of State-owned property; and (c) making it possible for D University to manage and operate “F” after establishing the special purpose corporation.

3) C) On March 10, 2010, C is a special purpose corporation G Co., Ltd. (hereinafter “G”).

(B) On November 29, 2010, G established a contract for the succession of the “F-academic cooperation project” with D University on November 15, 2010 and succeeded to the status of C. B. The Defendant entered into a contract for the succession of the shareholder participation between G and the Defendant on July 29, 2010 with G and the Defendant’s wife’s name.

According to the above contract, the Defendant paid KRW 370 million to G as a share price, and used the 167.86 square meters on the 1st floor of D University F, Nam-gu, Busan (hereinafter “instant store”) from July 29, 2010 to July 28, 2015 without any separate usage fee.

Since that time, the Defendant operated the “I”, which is a par value food store, at the instant store, and acquired 74,00 shares of G shares.

2) On August 20, 2010, the Defendant and G entered into a contract attached to the shareholder participation agreement. According to the above attached agreement, G does not impose management expenses on the Defendant. C. The Plaintiff’s father and father of the Plaintiff entered into a contract with the Defendant on July 5, 2012 (hereinafter “instant goodwill transfer and acquisition contract”).

The main contents thereof are as follows:

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