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(영문) 서울동부지방법원 2015.07.23 2013가합17023
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. D’s promotion of sale of E Co., Ltd. (hereinafter “E”) 1) D’s 3,211,960 shares (30.59% of the shares issued by E as of February 2, 201 (i.e., 2,584,282 shares) (i.e., 627,678 shares in the name of D’s 2,584,282 shares)

(2) On February 24, 2011, D concluded with Defendant B a memorandum of understanding for acquisition of management rights of the instant shares and E (hereinafter “instant memorandum of understanding”), and the main contents are as follows.

D will transfer the shares and E in this case to Defendant B at the price of 15 billion won.

At the same time as this case’s memorandum of Understanding was concluded, Defendant B shall lend 4.5 billion won to D as interest without interest.

At the time of this contract, the above amount shall be converted to down payment.

After the completion of the inspection, February 28, 201 will enter into this contract.

Upon the conclusion of the instant memorandum of Understanding, Defendant B shall keep the intermediate payment of KRW 5.5 billion, D shall keep the shares of this case, and Escow in accordance with the methods agreed by both parties.

The general meeting of shareholders convened after this contract will complete the procedure for acquisition of management rights, such as appointment of a photographic person designated by Defendant B, and at the same time terminate the Escro to complete the intermediate payment and the acquisition of the shares of this case.

D shall convene a general meeting of shareholders on March 28, 2011 and exercise the voting rights so that the appointment, etc. of a photograph of a person designated by Defendant B may be adopted.

Any balance of 5 billion won shall be paid to D within two months after the date of the first payment of E’s capital increase for new stocks held by Defendant B for the first time other than a small-amount payer after acquiring management rights under this Agreement or within the earlier period of September 30, 2011.

3. On the same day, D and Defendant B entered into an eck contract with H, the representative attorney-at-law of G, the law firm G, with the content that the stock and intermediate payment of KRW 5.5 billion is to be kept in Law Firm G, in accordance with the content of the instant memorandum of Understanding, the main text thereof

Details are as follows:

(e).

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