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(영문) 광주지방법원 2017.10.19 2016가단35289

주식반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 21, 2013, C Co., Ltd. (hereinafter “C”) established the instant real estate owned D as its principal office, and the Defendant is in charge of the office of representative director from that time.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 12, and the purport of the whole pleading

2. The assertion and judgment

A. On May 23, 2013, the Plaintiff asserted that the Plaintiff established and operated C with the Defendant as the partnership business, and terminated the partnership business on June 2015 or October 29, 2015, and the Defendant transferred to another place and operated C, and the Plaintiff agreed to settle the accounts with the intention to have the lease deposit claim on the instant real estate and all assets in the office.

Pursuant to the above agreement, the Plaintiff transferred the total amount of 3,500 shares issued in the name of her parent and her mother E to the Defendant and her mother and paid 21,000,000 won to the Defendant and her mother.

Therefore, the defendant should leave the real estate of this case in accordance with the above agreement.

B. The Plaintiff’s assertion is without merit, since the Plaintiff’s evidence No. 3 cannot be used as evidence because there is no evidence to prove the authenticity of the evidence, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the settlement agreement was concluded as alleged.

3. According to the conclusion, the plaintiff's claim of this case is without merit.