주권인도청구의 소
1. The defendant holds the share certificates of 28,420 shares with registered ordinary shares issued by the agricultural company C.
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) is a corporation that was established on November 15, 2005 and engaged in livestock management and incidental business, manufacture of new natural substances, and related business. The Plaintiff is a representative shareholder of D, who served as a joint representative director from October 18, 2007.
B. Around November 2012, D was in crisis due to the management crisis, and the Plaintiff discussed the rehabilitation method of D with the Defendant, who is the owner of the university, and established a new corporation to run the business using D’s patent, holding assets, etc., and established C on November 30, 2012 (hereinafter “instant company”).
At the time, E, F, and G (hereinafter “G”) invested 250,000,000 won in each of the instant companies by the Defendant’s introduction, and F was the representative director of the instant company, Defendant, and E, respectively.
Article 1: The conclusion of this Agreement between A and B shall be made on July 1, 2013.
Provided, That in the case of agreement, the time of conclusion of this contract concerning the merger may be amended.
Article 2 The merger ratio between A and B at the time of conclusion of this Agreement on the merger ratio shall be 21.4%:
The obligations of Article 3 (A) to be omitted shall take appropriate measures to prevent infringement of rights by a person, etc. related to the relevant patent, production, and sale, in connection with the business for entry into force of the rise of Party A, by the time of the conclusion of this Agreement.
Article 4. The merger method between A and B shall be determined in consultation with A and B.
The representative director and directors of the merged corporation shall be appointed by Gap, and outside directors and auditors shall be appointed by Eul.
Article 5 Measures to be Taken at Time of Rescission of Reservation
(a) This reservation may be rescinded by mutual agreement with A and B;
(b)in the event of a merger with the cancellation of this reservation, continue to implement the project as an existing Party A or B or a new legal entity.
C. At this time, the shares of the existing or new corporation shall be the same rate as the time of merger.