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(영문) 대전고등법원(청주) 2017.05.30 2016나12299

매매대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The status C Co., Ltd. of the parties (hereinafter “C”) is a company that manufactures and sells information and communications equipment with the main office of Yeongdeungpo-gu, Young-si D as the main office.

The plaintiff is a shareholder of a limited liability company whose head office is Hong Kong and whose representative director is K (hereinafter referred to as "K") who is a Canadian citizen as a Canadian citizen.

The Defendant is the vice president and director of C at the time of entering into the instant shareholder agreement under the following B, and is the representative director of F Co., Ltd. (the trade name before the change is G Co., Ltd.; hereinafter “H”) who currently engages in the sales business of plastic film and sheet making the petition L at the time of Cheongju as its principal office.

B. The Plaintiff’s acquisition of C’s shares and the conclusion of the instant shareholders’ contract (hereinafter “instant shares”) on September 4, 2004, the Plaintiff acquired KRW 7,500 per share registered common shares of KRW 318,00 per share, KRW 47,700 per share on December 4, 2004, respectively, for KRW 365,70 per share, and KRW 2,742,750 per share (hereinafter “instant shares”).

(2) On October 19, 2004, the Plaintiff acquired the shares with other investors of C and C, and entered into a contract on the rights of investors and the obligations of C and executives shareholders (hereinafter “instant shareholder contract”) with the purpose of listing them on the company disclosure (IPO; Inc.) in Japan by the executives shareholders of C, including the Defendant, with the representative director I, financial M, and the Defendant, who are shareholders of C and C, as shareholders of C and C, as shareholders of C and investors, including the Plaintiff, “company”, and the Plaintiff, as shareholders of executives.

At the time of the shareholder agreement of this case, the defendant had domicile in the city of Cheongju in Korea.

C. C’s progress of listing and internal dispute 1) C are selected by the listed company and securities underwriting company (a) around November 2004 from Japan’s ASEAN as the listing company and securities underwriting company (a Gunriter).