주식인도
1. The defendant shall deliver to the plaintiff the shares listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On January 25, 2019, the Minister of Trade, Industry and Energy publicly announced an implementation plan for the year 2019, which includes the following with respect to the commercialization promotion of enterprises with excellent promising technologies and commercialization-linked technology development projects for facilitating private investment:
In order to create a new market for separate private investment-based projects, the investment review and follow-up management, etc. for the commercialization of the corporation scheduled to be newly established or established through SPin-off by the parent company shall be planned to be in charge by the exclusive institution (Korea Institute for Advancement of Technology, KIAT) and the consultative council of invested institutions (C and KITA).
B. On February 26, 2019, D Co., Ltd. (hereinafter “D”) drafted and submitted a business plan stating that “E business” (hereinafter “E business”) is available for funding KRW 2.5 billion from April 1, 2019 to December 31, 2020 in the form of a project corporation to the Minister of Trade, Industry and Energy, including KRW 1.5 billion with Government contributions, KRW 1.5 billion with private contributions, and KRW 1 billion with the Korea Institute for Advancement of Technology, on April 17, 2019.
C. D around April 24, 2019, as a project corporation to carry out the instant project, established F Co., Ltd. (hereinafter “Nonindicted Company”) and submitted a business plan again in the name of the non-party company to the Minister of Trade, Industry and Energy.
Of 66,000 shares issued by the non-party company (the par value per share is KRW 5,000), D acquired 60,000 shares and becomes a major shareholder, and the remaining 6,000 shares were acquired by G Co., Ltd. (hereinafter “G”).
E. On May 14, 2019, D, which is substantially controlled by the Plaintiff, entered into a contract for acquisition of shares with KRW 27,692,00 per share of the non-party company owned by D to transfer KRW 138,460,00 per share of KRW 60,000, and the Defendant entered into a contract for acquisition of shares with the intent to transfer KRW 138,460,00 per share of the non-party company’s shares to the Plaintiff for free on the same day.