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(영문) 대전지방법원천안지원 2019.10.16 2019가단101522

주식양도이행등 청구

Text

1. The Defendant transferred the shares listed in the attached list to C to the Plaintiff on February 1, 2017.

Reasons

1. Basic facts

A. On January 27, 2010, the Defendant established and operated the Defendant Company D (hereinafter “Nonindicted Company”) for the purpose of manufacturing mobile phone automation equipment, etc., and owned 16,000 shares equivalent to 80% of the shares issued by the Nonparty Company, and operated the Nonparty Company as the representative director of the Nonparty Company.

B. On January 30, 2012, the Plaintiff entered into a share acquisition agreement with the Defendant and entered into a share acquisition agreement with the non-party company (hereinafter “instant agreement”).

A transferor and transferee of a stock transfer contract shall enter into a stock transfer contract under the following conditions:

1. Transferor: The defendant;

2. Transferee (B): The plaintiff;

3. Details of stocks to be transferred or acquired.

(a) Transferred stocks: Stocks in the name of representative of the non-party company;

(b) Number of transferred stocks: 10% of the stocks in the name of the representative of the non-party company;

(c) Face value per stock: 100 won;

4. Terms of contract;

(a) The transfer is effected by the conclusion of this Agreement;

(b) The time of transfer acquisition shall be February 1, 2017, five years after the conclusion of a contract;

(c) The number of transferred stocks shall be determined on the basis of the stocks owned by A as at the time of transfer.

Before the transfer takes over, before February 1, 2017, A and B may terminate this contract under mutual agreement between them.

C. A change in the trade name and number of stocks held (1) The Defendant is a stock company E (hereinafter “E”) at the end of 2013.

Between F and F, the representative director of F, the non-party company, which is the same kind of company, is in fact merged with E, and the form was agreed to close and process E and F take the way of accepting 50% of the shares of the non-party company.

Accordingly, the defendant changed the trade name of the non-party company to C on November 26, 2013, and F acquires 10,000 shares of the non-party company, and 10,000 shares of the non-party company issued 20,00 shares of the non-party company, the defendant, 10,000 shares of the non-party company.