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(영문) 수원지방법원 안양지원 2018.07.11 2017가단101452

주식양도통지

Text

1. The defendant confirms that each of the shares listed in the separate sheet is the plaintiff.

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

Reasons

1. Basic facts

A. C Co., Ltd. was established on August 25, 200 and changed its trade name to D Co., Ltd. (hereinafter “D”).

B. D at the time of its establishment, issued 20,00 common shares (the face value of KRW 5,000), among which 14,000 shares were accepted in the name of the Plaintiff, 5,000 shares, in the name of the Defendant, 1,000 shares, in the name of E.

C. After that, D, around 2004, issued new shares of KRW 40,000,000 in capital increase of KRW 200,000. Of them, KRW 10,000 in the name of the Plaintiff, KRW 20,000 in the name of the Plaintiff, and KRW 10,000 in the name of the Defendant, which is the Plaintiff’s children.

E retired on October 31, 2005 and returned 1,000 shares of D to the Plaintiff.

[Recognition] Facts without dispute, Gap evidence 1 to 3, 24, Eul evidence 4, the purport of the whole pleadings

2. In addition to the overall purport of the arguments in the testimony of Gap evidence and Gap evidence Nos. 4 through 23 (including each number), witness E, and G as to the cause of the claim, D is established to supply D’s two Won Mutual Aid Co., Ltd., and the plaintiff bears not only the total amount of KRW 100,000,000 but also the expenses for the establishment procedure. The plaintiff also paid the total amount of shares at the time of D’s capital increase in around 2004; D produces a product using the facilities of H (hereinafter “H”) operated by the plaintiff for a considerable period of time; D’s production of the product using the facilities of Eul (hereinafter “H”); and its employees received wages from H; and the fact that the plaintiff or the plaintiff holds 70% of D’s shares.

In full view of the above facts and the purport of the entire arguments, the Plaintiff, while operating H, has to establish D in order to deliver it to the two new business partners, a new business partner, in addition to the previous business partners, and D.