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(영문) 서울중앙지방법원 2019.02.15 2018가단5148439

주주권 확인 및 명의개서절차이행청구의 소

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1. Defendant B confirms that the shareholders’ rights of the shares listed in the separate sheet are against the Plaintiff.

2. Defendant C Co., Ltd.

Reasons

1. Basic facts

A. D is a representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and a person holding all 70,000 common shares issued by Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

D The Defendant B was introduced through E, which is an employee of the Defendant Company (Defendant B is a person who previously worked as E in the past F Card), while the Defendant B decided to take over the Defendant Company together with the Chokin Plaintiff and E.

(hereinafter referred to as the above three persons, hereinafter referred to as the "three persons of this case"). B.

On January 15, 2010, the three parties of this case (in the case of the plaintiff, the contract was prepared in the name of G which is the plaintiff's wife) entered into a share acquisition agreement including the acquisition of KRW 56,000 (80%) out of the shares issued by the defendant company in KRW 1.28,00 million (hereinafter "the share acquisition agreement of this case"), and the defendant B paid 100 million down payment to D on the same day.

Article 3 (Transfer Price)

1. The acquisition price of stocks by transfer shall be 1.28 billion won;

2. The acquisition price was calculated on the basis of the company’s additional assets and liabilities presented by the transferor as of December 31, 2009.

Article 4 (Payment of Transfer Price)

1. Contract deposit: The transferee shall pay 100 million won out of the transfer price to the transferor simultaneously with a contract;

2. Any balance payment date: The balance payment date shall be within February 18, 2010, when all stock certificates are taken over or all the procedures necessary for stock transfer are completed, and one billion won shall be paid to the transferor, and the remainder shall be paid within three years from the contract date, and a notarized bill shall be issued and paid to the transferor.

3. Where additional liabilities, etc. are found after the takeover of the target company, the net asset amount to be reduced shall be borne by the transferor.

Defendant B’s account on February 16, 2010 1 billion won.