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(영문) 서울중앙지방법원 2018.11.01 2017가합500889

주식양도등의 청구

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a U.S. corporation D (D; hereinafter “D”)

(E) and E (E, hereinafter referred to as “E”);

A) A representative of a company that establishes and operates D and E is a company that operated a business that sells various kinds of goods through a multi-level marketing organization, and D is a company that performs the role of supplying goods to E, etc.; 2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is registered as a multi-level marketing business entity in accordance with the Act on Door-to-Door Sales, Etc., as its main purpose is manufacturing and selling medicines and various kinds of household goods, etc., and multi-level marketing business.

3) Defendant C is the actual shareholder of Defendant B, who establishes and operates Defendant B. Defendant C is the F Co., Ltd. (hereinafter “F”).

As the representative director of Defendant B, F is a company that establishes and operates F separately from that of Defendant B, and F serves as a company that supplies goods sold by Defendant B. B. The relationship between the Plaintiff and Defendant C and the establishment of the U.S. Corporation 1) Defendant C was planned to establish a company aimed at multilevel marketing business, etc. like Defendant B in the U.S., and was consulted on the establishment of the Plaintiff and the U.S. corporation and its business operation plan around February 2016.

Even thereafter, the Plaintiff and Defendant C continued consultation on the overall business conducted by the Plaintiff and Defendant C, such as the business and development direction of Defendant B, and the operation plan of the U.S. corporation jointly established by the Plaintiff and Defendant C.

In addition, in the course of the above consultation, the Plaintiff and Defendant C agreed that Defendant C transferred part of the shares of Defendant C to the Plaintiff, and that the Plaintiff would transfer part of the shares of Defendant C to Defendant C.

2) The Plaintiff and Defendant C, upon the said consultation, shall be G (G; hereinafter “G”) as a U.S. legal entity, the capital of which is one hundred thousand U.S. dollars on May 27, 2016.

AB established this chapter.

The plaintiff and the defendant C shall first bear USD 100,000,000 capital of G.