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(영문) 서울중앙지방법원 2018.05.24 2017가합542227

명의개서 등 청구

Text

1. The Plaintiff:

A. Defendant B shall indicate the attached shares at the same time as receiving KRW 1,041,60,000 from the Plaintiff.

Reasons

1. Basic facts

A. Defendant G Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaging in the manufacturing and selling business of golf balls. Defendant F was the representative director of the Defendant Co., Ltd from March 31, 199 to March 31, 2017, and a person who once again served as the representative director from July 25, 2017, holds 3,341,762 shares out of the shares issued by the Defendant Co., Ltd.

Defendant B, C, D, and E are the family members of Defendant F (male, children, spouse, and fraud) and shareholders holding each 800,000 shares among the shares issued by the Defendant Company, 985,920 shares, 1,920,00 shares, and 68,80 shares. The actual right to manage and dispose of the shares owned by the Defendant F was against Defendant F.

B. On June 22, 2009, the Defendant Company entered into a supply contract (a contract period: July 1, 2009 to December 31, 2013) with the U.S. company with the content that the Defendant Company transferred the technology and production equipment related to the golf shot (hereinafter “the instant golf shot”) which it has obtained a patent from H and that it provided the instant golf shot only to H with the content that it is permitted to use the intellectual property right necessary for its production (a contract period: from July 1, 2009 to December 31, 2013).

However, since 2013, the defendant company suffered difficulties due to the lack of H's order volume, and requested H to revise the above contract on the grounds of this.

Accordingly, on February 10, 2016, Defendant Company and H entered into a modified supply contract (the contract period: from November 1, 2015 to November 1, 2018; hereinafter “instant modified supply contract”) with respect to the instant instant instant instant instant instant instant emultan in a box of 500,000 won (hereinafter “the instant emultan”). The Defendant Company supplied the instant emultan to an I company, which was permitted to be supplied to others.

C. Conclusion of a share sales contract and the Defendants’ non-performance refusal company is around 2016.