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(영문) 광주지방법원 2019.10.24 2019가합53506

주식반환청구

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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.O’s commencement of rehabilitation procedures forO 1) In Gwangju District Court 2010 Mahap14, the foregoing Court (hereinafter “Rehabilitation Court”) (hereinafter “Rehabilitation Court”).

(2) On May 28, 2010, the rehabilitation plan was decided to commence rehabilitation procedures, and on December 15, 2010, the O’s shares were owned by both Plaintiff A, their family members and interested parties. However, according to the rehabilitation plan, some of the creditors’ claims were converted into equity investment.

Accordingly, the shares of theO are 362,675 shares (31.19%), and the plaintiffs E are children of the plaintiff, the plaintiff F, G, and H are the acts of the plaintiff Eul, and R, the former representative of the plaintiff D, is the wife of the plaintiff Eul.

And P(Plaintiff A's ASEAN) came to hold the remainder of 799,997 note (68.81%).

B. The P and the transferee at the time of the transfer and acquisition of shares by proxy of the Plaintiffs were not specified. On October 7, 2011, the stock acquisition plan, which was approved by the rehabilitation court, specified the transferee of the stocks for conversion into investment and the stocks for the Plaintiffs, as the “stock consortium” in the stock acquisition plan, and on November 11, 201, the secondary contract, which was approved by the rehabilitation court, was designated as the “Defendant N” by the transferee of the Plaintiffs’ shares as the “Defendant N” and the “Defendant N” except the Defendant N and the Defendant N” (hereinafter in this case, referred to as the “instant primary contract”). The Defendant Justice, who was represented by the Defendant Justice, did not distinguish the Defendant N and the Defendant N, and did not classify the Defendant N, as of September 21, 2011.

(2) The Special Agreement is deemed as the Special Agreement.

“A” and “B” respectively refer to the Plaintiffs and the assignee.

2) Since then, P is represented by the Plaintiffs, and Defendant J was engaged in a legal act on behalf of the assignee (the Defendant). The instant special agreement contains the phrase “K excluding military APT” as follows in Article 4(1).