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(영문) 대구지방법원김천지원 2015.07.10 2014가합2610

주식명의개서 등

Text

1. Defendant B Co., Ltd. is the Plaintiff with respect to the shares listed in the separate sheet as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C jointly subscribed to the Defendant Company on November 15, 2003, and the Plaintiff owned 12,000 shares of the Defendant Company (20% of the total number of issued shares), and Defendant C owned 48,000 shares of the Defendant Company (80% of the total number of issued shares) respectively.

Since then, the defendant C holds share certificates with respect to 48,00 share certificates.

B. After that, Defendant C, on its own initiative, agreed to pay a certain amount of money to the Plaintiff instead of operating the Defendant Company, but failed to perform it properly. Accordingly, on March 27, 2009, concluded a contract to transfer 36,000 shares out of the shares of the Defendant Company owned by himself to the Plaintiff (Evidence A No. 4) and drafted an implementation agreement to the effect that the share ratio of the Defendant C is 20%, and that the share ratio of the Plaintiff is 80% (Evidence A 5).

C. In addition, on December 9, 2010, Defendant C drafted a written agreement (Evidence A7) stating that the Plaintiff would operate the Defendant Company, and that the Plaintiff would waive all rights asserted and authority over the Defendant Company, and that the personal and the liabilities incurred during the term of office of representative director, other than the financial rights obligations, shall be responsible for the Defendant Company.

However, on January 27, 2011, Defendant C had to operate the Defendant Company directly, and the Plaintiff transferred the Plaintiff’s ownership shares and all rights to the Plaintiff to Defendant C, and Defendant C concluded a contract with the Plaintiff to pay KRW 575,000,000 to the Plaintiff in installments by 2012.

(A) On December 21, 2011, the Plaintiff filed a lawsuit claiming the transfer of shares pursuant to the share transfer agreement against the Defendants on March 27, 2009, as Defendant C did not implement the above contract.

(Seoul District Court Decision 201Gahap2589, hereinafter referred to as "previous Litigation") e.

While the above lawsuit is pending, Defendant C shall take over 360 million won, which was transferred to the Plaintiff on February 2, 2012, from the Plaintiff again.