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(영문) 서울중앙지방법원 2020.07.22 2020나8080 (1)

주식 소유권 확인

Text

1. The plaintiffs' appeal and the appellate court's additional claims are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. At the time of its establishment on April 8, 2015, Plaintiff A was a stock company E, but it was changed to F on February 22, 2016, and to F on October 19, 2018.

The representative director (use of the office of full-time administration) of the Council, and the plaintiff B is the head of the management team of D.

On March 21, 2016, the defendant is the one retired from Korea on October 26, 2018 when he/she joined D and worked as the vice president.

On August 30, 2016, the defendant was appointed as the inside director of D on August 30, 2016, and resigned on October 19, 2018.

D The actual chief executive officer of D is G (the use of president box).

B. On March 21, 2016, the Defendant concluded the instant employment contract (hereinafter “instant employment contract”) between D and annual salary of KRW 150,000,000, and the contract term from March 21, 2016 to March 30, 2017.

The instant employment contract includes an agreement under which D shall pay to the Defendant the shares equivalent to 10% of the total number of issued shares by the date agreed upon by the Defendant and D (hereinafter “instant share payment agreement”).

C. On February 2017, G requested the Plaintiffs to transfer 20,000 shares of D owned by the Plaintiffs (hereinafter “instant shares”) to the Defendant in order to perform the obligations under the instant share payment agreement, and the Plaintiffs received them.

Accordingly, on February 22, 2017, the Plaintiffs and the Defendant concluded a share acquisition agreement (hereinafter “instant share acquisition agreement”) with respect to the instant shares, each of which was 100,000,000,000.

On February 22, 2017, the date of the instant share acquisition agreement, the Defendant remitted KRW 100,000,000 to the Plaintiffs’ account.

Plaintiff

A, upon receiving a request from the Defendant to transfer KRW 100,000,000 from the Defendant, A loaned KRW 20,000,000 to the Defendant on February 16, 2017, which was prior to the instant share acquisition agreement, from February 17, 2017, and the Defendant transferred the said KRW 100,000,000 to the Plaintiff.

Since then, Plaintiff A is the Defendant’s account several times from March 2, 2017 to June 7, 2017.