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(영문) 서울동부지방법원 2019.04.24 2017가합112018
손해배상(기)
Text

1. Defendants are jointly and severally liable for 400,000,000 won and Defendant B shall be jointly and severally liable for the said costs from April 20, 2012 to October 30, 2017.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. 1) The Plaintiff was registered at the KOSDAQ market on or around July 201, 201 for the purpose of manufacturing and selling power plant and sales business. Defendant B worked for the Plaintiff from February 10, 201 to February 10, 2015 as the Plaintiff’s director. (2) In the process of changing the management right from D to E, the Plaintiff acquired the amount equivalent to KRW 2 billion from E’s new shares,269,841 shares related to the vessel block business bond from March 20, 201, and acquired the amount equivalent to KRW 1,269,841 shares from E (i.e., the amount equivalent to KRW 2,232,41 shares, and the amount equivalent to KRW 45,579,4585 shares, 205,567 shares of new shares (i.e., the amount equivalent to KRW 1,575 shares).

3) The instant shares were exempted from the duty to submit a registration statement under the conditions that protective deposits for one year during the process of issuance. In addition, around March 201, E has already been designated as a management issue, and E was subject to the provisions on restriction on transfer imposing a duty to keep for six months after the date of additional listing for capital increase with respect to the instant shares issued by a third party, such as the instant shares, and around July 28, 201 during the period of continuous holding (hereinafter “F”).

The instant shares were subject to sanctions such as “the extension of one-year period of protection deposit” with respect to the instant shares by providing the right to claim the return of the instant shares as security for transfer.

Therefore, the above 1,269,841, which was issued on March 20, 201, was set or extended from May 19, 2011 to November 18, 2012, and the above 1,275,658, which was issued on April 8, 201, respectively, from May 26, 201 to November 25, 2012.

On the other hand, according to the above protection period or the duty of continuous possession, the plaintiff shall be E, and E.

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