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(영문) 서울중앙지방법원 2016.04.28 2014가합590133
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. The relationship between the parties 1) Defendant B Co., Ltd. (hereinafter “B”).

Defendant C Co., Ltd. (Co., Ltd. D before the change; hereinafter referred to as “C”) is a corporation for the purpose of manufacturing, selling, etc., spawn and pharmaceutical products, spawn and other intermediate chemical products.

(2) The Plaintiff established the Defendant C around December 2004 and served as the representative director of the said Defendant Company. The Plaintiff is a corporation established for the purpose of manufacturing semiconductor equipment and related parts and wholesale and retailing.

B. Around November 23, 2011, the Plaintiff and the Defendants concluded a contract under which Defendant B would acquire Defendant C’s new shares (hereinafter “new shares acquisition contract”). The main contents are as follows.

This contract was concluded in order to enter into an agreement with the plaintiff (hereinafter referred to as "the plaintiff (hereinafter referred to as "the plaintiff) who is the representative director and the largest shareholder of the non-party B (hereinafter referred to as "A"), the non-party B (hereinafter referred to as "party B"), the non-party B (hereinafter referred to as "party B"), the non-party B, and the non-party B), the address of which is located in the Dong-gu, Daejeon-gu, Daejeon-gu, and the non-party B (hereinafter referred to as "party B"), respectively.

Article 1 (Purpose) “A” intends to secure the management right of “B” through the subscription of new shares issued by “B”, and this Agreement aims to confirm the rights and obligations between the parties to the above subscription of new shares (hereinafter referred to as “this transaction”) and to determine all matters concerning the management of “B” after the conclusion of this Agreement.

Article 2 (Issuance and Acceptance of New Stocks) ① November 23, 201 (hereinafter referred to as “this date of the closing of this transaction”); “B” shall issue 260,000 registered ordinary shares (amount: 5,000 won, and 64.22% of the total number of issued and outstanding shares) (hereinafter referred to as “new shares”) and “A” shall accept all of them.

2. The acquisition price of new shares per 10,000 won per share 11.

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