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(영문) 제주지방법원 2017.12.14 2016가합888

주식양도대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As of May 201, the Defendant, a company established for the purpose of housing construction business, etc., held 61,250 shares (35%) among the total number of shares issued 175,000 shares, each E and F (the representative director at that time) held 61,250 shares (35%) and G (the representative director at that time as a director and the representative director at that time), H, and I held 17,500 shares (10%) respectively. However, E donated 5,650 shares out of its shares to Plaintiff A, 2,80 shares, and 2,80 shares, respectively, to Plaintiff B and C.

(hereinafter referred to as “instant shares” by adding all the Plaintiffs’ shares. B

After September 29, 2011, the defendant's minutes of the general meeting of shareholders No. 1 and hereinafter referred to as "Minutes of the general meeting of shareholders of this case").

1)As set out below, the shareholders, other than H and I affix their names and seals. They wish to seek normalization of management through inflows of new capital in order to overcome the management crisis due to financial background, and adopt a resolution to: 1. The shareholders (100 per cent of these shares are transferred to the Defendant.

2. As of September 29, 201 as of September 29, 201, the Defendant’s terms and conditions of acquisition of shares, “the Jeju Animal et al., Co., Ltd., Ltd., Ltd.” (hereinafter

The amount calculated by deducting the amount of corporate tax and taxes and public charges from the basic principal of the claim to be recovered shall be transferred to the shareholders as share price in accordance with the equity ratio.

3.The settlement of stock price shall be made at par value of a primary stock and shall be made with respect to the amount in excess of the stock price at the time of the collection of such attempted bonds, by adjustment or appropriate means.

4. The Defendant shall make maximum efforts to recover the claim of this case against the non-party company, including legal procedures.

5. The defendant shall additionally distribute the corporate tax appropriated as the portion of the bonds in this case to each of the above shareholders when the balance due to the adjustment or refund accrues.

6. The defendant shall consult with the new capital owners to dispose of the acquired shares.

C. On the other hand, a written agreement is as follows.