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(영문) 의정부지방법원 2019.02.15 2018가단119506

증권

Text

1. The defendant,

A. On July 18, 2018, expressed an intention that the shares listed in paragraph 1 of the Schedule was donated to C, and

Reasons

1. Basic facts

A. In around 2007, the Plaintiff established D Co., Ltd. (hereinafter “Co., Ltd.”) for the purpose of semiconductor design, development, manufacture, and sales business, and operated D as the representative director and the largest shareholder. The Defendant entered D around January 2009.

B. On November 30, 2013, the Plaintiff donated D shares owned by the Defendant and four employees, including the Defendant, to the Defendant, donated 8,000 shares of D shares (2% of shares) to the Defendant.

(A) Evidence No. 1 (c)

On December 31, 2014, the Defendant promised to give 8,000 shares free of charge to a person designated by the Plaintiff at the time of retirement prior to listing.

(A) Certificate No. 4, hereinafter referred to as “instant vow”).

The defendant withdrawn from D around May 31, 2017, and D was not listed at the time.

E. D: (a) on December 29, 2015, the Microcomer Business was divided to establish E Company; (b) D had it conduct manufacturing and sales business.

Accordingly, the shares of this case were 2,800 shares (the shares listed in paragraph (1) of the attached Table) and 5,200 shares (the shares listed in paragraph (2) of the attached Table).

However, all of the shares in the separate sheet Nos. 1 and 2 (hereinafter referred to as “instant shares”) at the time of the first 8,000 shares and at the time of each shares listed in the separate sheet Nos. 1 and 2 at present, have not yet been issued a share certificate.

[Reasons for Recognition] Each entry of Gap's Evidence Nos. 1, 4, 8, 9, 10 (including each number, if any)

2. Determination:

A. According to the facts as to the cause of the claim, when the defendant withdraws from D prior to the listing, the defendant made the instant commitment to give a free donation of the shares received from the plaintiff to the person designated by the plaintiff, and acknowledged the withdrawal of D prior to the listing.

Therefore, on July 18, 2018, the delivery date of the copy of the complaint of this case, the defendant expressed his intention to donate the shares of this case to C designated by the plaintiff, and thus, it.