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(영문) 춘천지방법원 2013.04.10 2012가합273

주식양도

Text

1. The defendant,

A. The Plaintiff expressed his intent to transfer shares with respect to the shares listed in the separate sheet, and B.

Reasons

1. Basic facts

A. 1) The Defendant, while owning the instant shares, agreed to transfer C’s operating rights, etc. to F on September 21, 2004, while operating C as a real owner of C’s shares, and accordingly, transferred F the instant shares to F.C. 2) The Defendant filed a lawsuit against C on a claim for loans, etc. with the Chuncheon District Court 2005Gahap114, by asserting that C lent KRW 315 million over several occasions, and on March 24, 2008, the Seoul High Court 2006Na83323, the appellate court, as the Intervenor and its representative director, the following adjustment was established between C and F.

(hereinafter “instant conciliation”) . C and F shall be jointly and severally paid to the Defendant KRW 280,00,000,000 to the Defendant, and the amount of KRW 70,000 per minute on September 30, 2008 in four installments shall be paid for KRW 70,000 on September 30, 2009; KRW 70,000 on three occasions until September 30, 2009; KRW 70,000 on three occasions; KRW 70,000 on four occasions until September 30, 201.

2. If C and F delay any of the above periods at any time, the F shall return to the Defendant all C and/or C shares (48,000 shares) that it acquired from the Defendant without compensation.

3) As F did not properly perform its obligation for installment payments under the instant conciliation, the Defendant filed a lawsuit against F to claim for stock refund, etc. with the Chuncheon District Court 2010Kahap484, and on April 27, 2011 in the said lawsuit, the Defendant rendered a judgment that “F would declare to the Defendant that it would transfer the instant shares to C and notify the Defendant that it would transfer the instant shares to C,” and the said judgment was dismissed [Seoul High Court 2011Na89, 2011Na129, 2011Na129 (Intervention)], and became final and conclusive on January 3, 2012. (B) The Plaintiff from the Defendant on April 2, 2010, the date the instant conciliation was concluded, “The Defendant shall transfer the instant shares to the Plaintiff without any condition.”