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(영문) 수원지방법원 2019.02.12 2018가단527325

주식양도 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around May 2012, the Plaintiff and the Defendant established on March 5, 2012. Around May 2012, the Plaintiff invested a total of KRW 200 million from May 9, 2012 to March 25, 2013. The Defendant transferred 50% of the shares of the non-party company to the Plaintiff on May 10, 2012, and on May 14, 2012, the Plaintiff was appointed as the co-representative of the non-party company.

B. On May 15, 2012, the Plaintiff and the Defendant drafted a written oath that they will faithfully perform the duties of the non-party company as the co-representative of the non-party company as follows.

C

C. From May 2012 to early 2013, the Plaintiff started the business with the Defendant and the Defendant, the non-party company, from around early May 2012 to early 2013, was caused by a poor business performance, and the Plaintiff withdrawn KRW 25 million from April 4, 2013, which was deposited into the account of the non-party company’s provisional revenues.

On April 22, 2013, the Plaintiff: (a) drafted a letter of refusal of shares to the Defendant to waive the instant shares (hereinafter “instant letter of refusal of shares”); (b) on the same day, the agreement was drafted between the Plaintiff and the Defendant with the following contents (hereinafter “instant agreement”).

A B A C A A B B

E. On August 20, 2013, the Plaintiff entered into a transfer agreement with the Defendant on the instant shares (hereinafter “instant share transfer agreement”) and the Nonparty Company completed the transfer entry into the name of the Defendant on the instant shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 10, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted (1) The Plaintiff prepared a letter of renunciation of shares and a written agreement on the transfer of shares of this case to the Defendant on the condition that the sales volume of the non-party company reached 10,000 cubic meters per month (HB) shall return the shares of this case to the Plaintiff.

(2) On June 2013, the non-party company first achieved 10,000 cubic meters of monthly sales (HV).