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(영문) 울산지방법원 2018.11.21 2017가단9595

주식매도대금 등

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On February 9, 2015, F Co., Ltd. was established for the purpose of the development of hardware (3D) and software, system, manufacture and sales business, etc., and its trade name was changed into “G Co., Ltd.” (hereinafter “G”) on July 5, 2016.

On October 26, 2015, the defendant was appointed as the representative director of G, and since that time, G was operated by engaging in H and Dong business.

The Plaintiffs were children of H, and Plaintiff A was appointed as the intra-company director of G on June 27, 2016.

B. On June 23, 2016, H donated 7,200 shares (ordinary shares and face value 5,000 won per share) among the shares of G owned by it to Plaintiff A, 3,600 shares (ordinary shares, face value 5,00 won per share), respectively, to Plaintiff B, and D.

C. On November 15, 2016, between the Defendant and the Defendant, the Plaintiffs entered into a contract with the Defendant to pay the Defendant KRW 18,000 (hereinafter collectively referred to as the “instant underwriting contract”) for the total amount of KRW 5,000 per share of G shares owned by the Plaintiffs (which amount to KRW 5,000 per share x 18,000, and the Defendant shall be paid until December 31, 2016 by December 31, 2016, and the date and method of payment may be determined differently by agreement between the Plaintiffs and the Defendant). The Defendant entered into a contract with the Plaintiffs to pay KRW 30 million of the acquisition price of G’s assets to the Plaintiffs (hereinafter collectively referred to as “instant underwriting contract”).

Upon entering into the instant underwriting contract, the Plaintiffs and the Defendant prepared a letter of payment (hereinafter “instant letter of payment”) with the date of preparation as “ November 15, 2016” and the letter of payment with the name of the Defendant as “Defendant” (hereinafter “instant letter of payment”).

Of the statement of payment in this case, the part that "the defendant is exempted from all responsibilities when the company closes its business in the event of failure to attract investment and normalize its business" prepared by the defendant shall be referred to in the proviso of this case.

(i) 10 million won out of the subscription price for stock transfer and the subscription price for acquisition shall be paid not later than December 31, 2016, in the amount of KRW 120,000,000,000.