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(영문) 서울중앙지방법원 2013.10.17 2011가합77103
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B shall be KRW 2,00,000,000 and 20% per annum from August 4, 2011 to the date of full payment.

Reasons

1. On the premise that there was a disguised payment in the Plaintiff Company, the main issue is where the Defendants’ act constitutes aiding and abetting the provisions of Article 760(3) of the Civil Act, where the scope of damage in proximate causal relation is anywhere, and whether there was embezzlement of corporate property separate from the fictitious payment.

2. Basic factual relations within the scope necessary to determine the cause of the claim;

A. The Plaintiff is a corporation established on April 27, 1976 as a company that manufactures and sells leather products.

Defendant B is a person who has engaged in bond business.

Defendant C, with the position of the vice-chairperson, operated a credit business dispute resolutionD.

B. On December 23, 2008, the Plaintiff Company’s management acquisition process (1) E, F and G agreed to jointly take over the management rights of the Plaintiff Company’s shares 5,975,272 shares (hereinafter “management rights shares”) held by G, the representative director, and the largest shareholder, and the Plaintiff Company’s management rights, and the Plaintiff Company’s shares 1/3 shares E and the remainder 2/3 shares, respectively.

Accordingly, on December 23, 2008, the management right and management right shares were acquired in KRW 17 billion with G, but the contract deposit amount of KRW 2.2 billion was concluded on January 6, 2009, and the balance of KRW 12.8 billion was paid in KRW 2.2 billion to G, after concluding a stock acquisition agreement with the purport to pay each of the remaining 2 hours (or within 5 business days after the actual share certificates were issued after the Plaintiff Company’s capital increase was issued) on the day of holding a temporary general meeting of shareholders, and the down payment was paid in KRW 2.2 billion to G.

In this process, E and F borrowed 1.8 billion won from the bond company I to the loan brokerage of Defendant C and H, which operates the Dispute Resolution Co., Ltd, and received 1.7 billion won after deducting 100 million won from the interest rate, and paid to G as part of the down payment.

F as a security for the debt of the borrowed amount at the request of F is offered to the Plaintiff-owned J stocks received from G after the said stock acquisition agreement with the K K-UB-issued Promissory Notes (the face value KRW 700 million) that it operated, and the transfer deposit certificate is not later than January 7, 2009.

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