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(영문) 서울중앙지방법원 2020.10.15 2018가합583188 (1)

명의개서 청구 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the parties is Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”).

(2) The Defendant C was a corporation established on April 17, 2015 for the purpose of the loan brokerage business, etc., and the Plaintiff A entered the Nonparty Company on August 1, 2016, and the Plaintiff B on August 24, 2015, and worked for the Nonparty Company on August 24, 2015. (2) The Defendant C was a shareholder of the Nonparty Company as a corporation for the purpose of software development, supply, and services.

Defendant D purchased stocks of the non-party company from Defendant C as a corporation for the purpose of manufacturing and wholesale synthetic films.

B. (1) Defendant D, through a resolution of the board of directors made on December 7, 2016, decided to issue new shares equivalent to KRW 15,69,99,95,120 in total by the third party acquisition method. Defendant C and F (hereinafter “F”).

2) G Co., Ltd. (hereinafter “G”)

(1) On August 11, 2017, Defendant D’s new shares were allocated to Defendant D and paid the price for the new shares. Defendant D paid KRW 1,354,409 out of the new shares to Defendant C on September 7, 2017. The purchase price of the shares was KRW 975,0413,005,929,998,205 Defendant C1,354,409,305,063,005,09,09,09,99,045 G98,363,005 2,99,99,680,680, 99,960,9302), and Defendant D concluded the purchase price of the shares with Defendant C’s KRW 1,00,000,000,000,000,000,000,000,000 shares and shares as follows.

Defendant C 2,498 4,580,000,000 F1,865 3,420,000,000 G 1,637 3,000,000,000,000) Defendant D’s acquisition of the instant shares on November 3, 2017, as of the date of conclusion of the contract, with Defendant C, F, and G on November 3, 2017, the following attached agreements (hereinafter “the first agreement”).

1. Defendants C, F, and G (hereinafter collectively referred to as “sellers”).

shares in the non-party company.