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(영문) 서울중앙지방법원 2021.01.08 2019가단5079646

회사에 관한 소송

Text

1. The defendant shall open each of the shares listed in the separate sheet to the plaintiffs in the name of the plaintiffs.

Reasons

1. Basic facts

A. On February 28, 2008, the Defendant, who runs software development and sales business, was established by issuing 20,000 common shares per share value of KRW 5,000 per share (which seems not to have been issued). At the time of incorporation, the Defendant owned all the Defendant’s outstanding shares (hereinafter “non-party Company”).

B. E, the representative director of the defendant, and the plaintiff A, and the defendant's auditor, who were directors of the defendant, had acquired management rights by the defendant, and the non-party company transferred 8,000 shares out of the defendant's shares to E (40 percent shares) and 2,000 shares (10 percent shares shares) to E around March 209.

(c)

Plaintiff

A is the head of the Standing and Technical Research Institute in charge of the Defendant’s software development, while the Plaintiff B was working as a managing director in charge of the Defendant’s software development and business, on December 15, 2010, with respect to each of the Plaintiffs’ shares 2,000 shares issued by the Defendant (hereinafter “each of the instant shares”) owned by the Plaintiff between E and the transferee, and E, respectively, as follows:

Accordingly, each of the shares of this case was opened in the name of the defendant in the name of E, as shown in the attached list.

The transferor and the assignee mentioned above have entered into a share sale contract and have assigned shares to the assignee under the following conditions:

- - Other

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4. Date of base trading: December 15, 2010;

5. Par value per share: Mancheon-gu (Won 5,000);

6. The number of shares traded: 2,000 shares.

7. Sale value: A set of ten million won per day (Won 10,000,000).

8. Date of payment of price: December 15, 2010.

D. Meanwhile, on November 26, 2010, the Defendant decided to issue 60,000 new shares at a temporary general meeting of shareholders (the date of allotment of new shares on December 11, 2010; December 27, 2010 on the date of payment of new shares). On December 28, 2010, the Defendant issued 8,000 new shares to E, and 4,00 shares to the Plaintiffs, respectively (the Defendant otherwise issued 34,000 new shares on August 20, 2013).