주식양도 청구의 소
1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. The Plaintiff is a company established for the purpose of management, financial consulting, etc., and F is a person who actually controls the Plaintiff.
The E Co., Ltd. (hereinafter “Nonindicted Company”), G, H Co., Ltd., and I are companies established for the purpose of the operation of golf courses, and the J is a person involved in the management of the said companies.
Defendant B and C, each of whom was the 10,000 shares issued by the non-party company, held 40,000 shares of the non-party company, K representative director of the non-party company, and Defendant L each of which was 40,000 shares.
B. On April 8, 2014, the J, such as the Plaintiff, F, and J’s agreement, had a debt of KRW 5.1 billion from F or a debt of joint and several sureties for the operation, etc. of a golf course around 2013.
On April 8, 2014, the Plaintiff, F, and J agreed to the repayment of the above obligation, including that “if the J sells a non-party company to a third party until May 30, 2014, it shall pay KRW 10.18 billion to the Plaintiff or the Plaintiff’s designated person, and if the non-party company is unable to implement the above repayment commitment, it shall purchase the PF loan promoted by the non-party company, and then transfer all the business rights and property rights of the non-party company to the Plaintiff or the Plaintiff’s designated person.”
C. Although the instant agreement and the instant share acquisition agreement were concluded, the J did not sell the non-party company, the Plaintiff, Defendant B, F, and J transferred all the land, total shares, management rights, and business execution rights of the non-party company to the Plaintiff as the representative of the shareholders of the non-party company on October 31, 2014. As to the said agreement, the J transferred all the non-party company’s land, total shares, management rights, and business execution rights to the non-party company as the representative of the non-party company’s shareholders, and the non-party B and the non-party
A. Of them, the content related to this case is as follows:
On the other hand, the Plaintiff, F, and J agreed on April 8, 2014 on the same day as the following Agreement:
hereinafter “instant agreement”).