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(영문) 수원지방법원 2016.09.01 2015가합2679
손해배상 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a shareholder who owns all the shares issued by C, and C is a corporation that owns and manages “C” for large-scale retail outlet D at the time of Pakistan.

B. On September 16, 2013, the Plaintiff agreed to accept C with the Defendant, and entered into a contract under which the Plaintiff will take over all the shares of C, a stock company owned by the Defendant and the Defendant (hereinafter “instant contract”). The Plaintiff paid to the Defendant a total of KRW 725 billion on September 16, 2013, KRW 16 billion, KRW 50 million on October 10, 2013, KRW 125 million on November 1, 2013, and KRW 725 billion on November 1, 2013.

C. After acquiring the shares of C, the Plaintiff changed the company’s trade name to E, and the company’s trade name also changed from “C” to “F” (hereinafter “C”) to “F” (hereinafter “F”), thereby commencing business from November 1, 2013.

On November 22, 2013, Dongbuk shopping Co., Ltd. purchased G G Dae-gu 4,549.4 square meters in the neighboring area of the instant Mart and newly built a building on the said land, starting to operate Hart from September 30, 2014.

E. The Plaintiff filed a complaint with the purport that the Defendant deceivings the Plaintiff on the fact that the Defendant had to pay the Plaintiff taxes imposed during the period of the operation of a marina, including the fact that the Defendant had occupied the “Hart”, the access road, warehouse, and office illegally created, the fact that the office was located in the instant marina, the subsidies for shop occupants’ non-credit card companies, fire insurance premiums, etc.

On January 30, 2015, the prosecutor of the Suwon District Prosecutors' Office issued a disposition of non-prosecution on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

[Reasons for Recognition] Unsatisfy, Gap 2-4 evidence (including a branch number if there is a serial number; hereinafter the same shall apply), Eul 1, 15, and 16 evidence, and the purport of the whole pleadings

2. The defendant's summary of the cause of the claim is the Mart of this case.

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