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(영문) 수원지방법원성남지원 2017.05.16 2016가합1393

주식대금

Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The defendant is an unlisted corporation whose purpose is to maintain electricity, industrial equipment and facilities, etc.

Plaintiff

A, around May 2016, while serving as the defendant's director, Plaintiff B retired on May 30, 2014 while serving as the defendant's machinery team leader, Plaintiff C retired on September 30, 2012 while serving as the defendant's electricity team leader, and Defendant D retired on July 31, 2012 while serving as the defendant's vice head.

B. In 2012, the Plaintiffs requested the Defendant to purchase shares of KRW 1,000 with the registered common share value of KRW 1,000 (hereinafter “instant claim for purchase of shares”), and as a result, they traded shares as listed below. At the time, the purchase price of shares at the time was KRW 6,153 per share calculated in accordance with the relevant provisions of the Defendant’s articles of incorporation (hereinafter “instant purchase price”).

Plaintiff B 8,000 note 6,153 as of April 10, 2012, for the reasons for disposition of the number of shares per share of the number of the date of filing the claim for purchase by the transferor, Plaintiff C on June 28, 2012, “Plaintiff C on August 28, 2012,” Plaintiff C on August 3, 2012, 579,” “Retirement Plaintiff A on April 23, 2012,”

C. The details of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014; hereinafter the same shall apply), the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) and the regulations on the assessment of net asset value with respect to the claim for appraisal of the instant shares are as follows.

Article 335-2 (Request for Approval of Transfer) (1) Where the approval of the board of directors is required for a transfer of shares, a shareholder who intends to transfer shares may request the company to approve the transfer in writing, specifying the alternative transferee and the class and number of the shares to be transferred.

(2) A company shall give written notice as to whether approval is granted to a shareholder within one month from the date of request under paragraph (1).

(3) If a company fails to notify a shareholder of his refusal within the period mentioned in paragraph (2), the transfer of shares shall be deemed approved by the board of directors.