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(영문) 서울동부지방법원 2013.10.16 2013가합103115

주식인도 청구

Text

1. The defendant commendes the plaintiff 60,000 common shares of KRW 5,000 per share issued at Thaico Co., Ltd.

Reasons

On November 16, 2010, the Plaintiff and Thaico entered into an investment agreement with the purport that “the Plaintiff shall invest KRW 250,000,000 in the said company, and the said company shall pay KRW 750,00,000 to the Plaintiff by July 31, 2011.” At the time, the Defendant jointly and severally guaranteed the obligation of the said company under the said investment agreement; the Plaintiff paid KRW 250,000,000 to the said company on November 17, 2010; the said company failed to perform its obligation to pay the profits under the said investment agreement; the Plaintiff and the Defendant did not conflict with the Plaintiff on May 8, 2012 with the purport to secure the obligation under the said investment agreement.”

Therefore, since the defendant is obligated to deliver the share certificates stated in the order to the plaintiff according to the above share transfer agreement, the plaintiff's claim is justified and it is so decided as per Disposition.