beta
(영문) 서울중앙지방법원 2019.08.13 2018가단5189836

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2, 2011, the Plaintiff and the Defendant entered into a share acquisition agreement (hereinafter “instant agreement”) with respect to C, a stock company (hereinafter “instant shares”) holding by the Defendant (hereinafter “instant shares”) with respect to the share acquisition of 30,000 common shares (hereinafter “instant shares”) with respect to the total number of shares issued and outstanding, 1 million shares, 1 million common shares, and 1 million common shares; hereinafter “foreign company”) < Amended by Act No. 760, Jul. 19, 2005; Act No. 11335, Nov. 2, 201

(hereinafter referred to as "transferor A" and "A transferee" refer to "the plaintiff" and "A transferee". Article 2 (Contents of Transfer)

1. Subject matter of acquisition: Ordinary stocks of the nonparty company (in par value per share: 00 won);

2. Quantity of water taken over: Three thousand weeks; and

3. Amount of acquisition by transfer: One billion won.

4. Method of taking over: Since the non-party company did not issue the share certificates, the non-party company Gap and Eul sign and affix their seals on the share transfer certificate and deliver them to Eul.

Article 3 (Effective Date of Transfer) The effect of the transfer agreement shall enter into force immediately upon depositing the transfer agreement amount into the account of Gap after sealing it on the contract between Gap and Eul and completing notarial acts.

Article 5 (Rights and Duties of Transferees) From the date of entry into force of this Agreement, Section 5 (Rights and Duties of Transferees) B shall have all the rights and duties as a shareholder and shall not be restricted by Section A.

Article 6 (Notification of Acquisition by Transfer) A shall immediately notify the sub-committee company of the effect of acquisition by transfer, have the stockholders' list, etc. arranged, and have B exercise rights and duties as a stockholder.

Article 7 (Ratio of Shares) Where the non-party company is subject to the limitation on B's preemptive rights due to the issuance of new shares by a third party allocation, the conversion of convertible bonds, etc., it refers to the disclosure of the shares and management of the company as the disadvantaged of Intellectual Property Foundation Pubic Publing for a certain purpose.

up to B shall deliver to B the shares of Party A free of charge so that the shares of Party B always constitute 2% of the total number of shares issued in common shares.

B. The plaintiff and the defendant (D represented by the defendant) of this case.