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(영문) 서울고등법원 2019.11.22 2018나2026008
구상금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a major shareholder or representative director of the “F” (hereinafter referred to as “F”) who is an unlisted corporation operating a stem cell-related business, and the Plaintiff is a major shareholder or representative director of G, an unlisted corporation operating a stem cell-related business. The Defendant is a major shareholder or representative director of G, which is an unlisted corporation operating a stem cell-related

Around June 2006, the Plaintiff and the Defendant came to know one another through directors of H who invested in G around July 2006, and around July 2006, the Defendant operated G.

B. Although Nro trade name was changed on March 28, 2008, it will be expressed in unification with the trade name before change.

The company was a KOSDAQ-listed company that manufactures and sells household laundry machines, while the representative director was a single shareholder who has 5,682,114 shares E through K and L under his control.

On the other hand, C was a three-party shareholder holding 2,00 shares E in the name of 2,400 shares, either directly or in the name of D (hereinafter “D”), and both C and D (hereinafter “C, etc.”).

C. In addition to M on November 26, 2007, the Defendant: (a) according to the entry of K’s shares and management rights and (b) management rights owned by K from K to E; and (c) as to L’s shares and management rights owned by K to this effect, KRW 35 billion; (b) the amount of acquisition by transfer from J to 34.5 billion; and (c) the amount of acquisition by transfer from K to 20,000 won per share to 25,000 won per share ( = 50 million = 25,000 won x 20,000 won per share); and (d) if the portion is combined, the total purchase amount of 4.1 billion shares and other management rights of K to 3.5 billion won per share is 3.5 billion won.

The contract to take over the K shares and management rights, L shares and management rights held by J in turn, and finally acquire E management rights owned by L through this contract.

In addition, the defendant on the same day is the same as M.

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