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(영문) 제주지방법원 2016.04.28 2015가합1495

주주권

Text

1. The plaintiff (Counterclaim defendant)'s principal suit shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3...

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On May 22, 2015, E, F, G, H, and I (hereinafter “E, etc.”) holding 83,000 shares of D Co., Ltd. (hereinafter “D”) concluded a sales contract for the sale of all shares owned by the Defendant and its subsidiaries to the Plaintiffs and the Defendant as follows.

No No. 1 E, 50,00 (Plaintiff B 12 F, 12,00) Plaintiff B, B 12,000 [Attachment 23 G, B 7,000 (Plaintiff B, 7,000) 5 I 5 I Total 83,00 note 1 [Attachment 1] 7,000

B. Around that time, E, etc. received the above purchase price from the Defendant in a cashier’s check, and issued the above share certificates to the Defendant. At present, Plaintiff A occupies the share certificates listed in the attached Table 1 and Plaintiff B’s share certificates listed in the attached Table 2.

C. The shareholder registry of D is a shareholder of 50,000 shares listed in the attached Table 1, and the Plaintiff A and the remainder of 7,000 shares, and the Defendant is a shareholder of the shares listed in the attached Table 2, respectively.

[Ground for Recognition: Unsatisfy, Gap 2 (including a branch number; hereinafter the same shall apply)

(3) each entry of No. 4 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion that Plaintiff A had share certificates listed in the attached Table 1, and Plaintiff B possessed share certificates listed in the attached Table 2. The Plaintiff’s share certificates also are listed in the attached Table 1 as 50,000 share certificates among the shares listed in the attached Table 1, and Plaintiff B as share holders listed in the attached Table 2. As such, Plaintiff A’s share certificates listed in the attached Table 1 are listed in the attached Table 1 as the Plaintiff’s share certificates to Plaintiff A, while the Plaintiff’s share certificates listed in the attached Table 2 were against the Plaintiff B,

B. All shares in the attached list 1 and 2 of the Defendant’s assertion are all donated to the Defendant by the J on the ground of the Defendant, and the Defendant’s shares in the attached list 1.