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(영문) 대법원 2021.03.11 2020다253430
주식양도청구의 소
Text

All appeals are dismissed.

The costs of appeal shall be borne by the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplement in case of supplemental appellate briefs not timely filed).

1. The reasoning of the lower judgment and the evidence duly admitted by the lower court reveal the following.

A. The instant company is established on September 21, 201 and runs film, broadcasting, and other multimedia and public performance-related service business.

The plaintiff is the representative director of the company of this case, and the defendant was the inside director.

B. As of December 31, 2013, the face value of the instant company’s shares is 500 won, and the total number of shares is 170,113 shares, among which Defendant B owns 17,767 shares, Defendant C and Defendant D own 10,720 shares, respectively.

(c)

On June 27, 2014, Plaintiff, Defendants, F, H, I, and J concluded a partnership agreement with the instant company to jointly operate the instant company (hereinafter “instant partnership agreement”).

Of them, the main contents of Article 6 (hereinafter referred to as “instant continuous service clause”) that sets the obligation for continuous service are as follows.

(1) A partner shall have served in the Company by “M & ... one year after the time when the partner becomes A or IPO”.

If one of the partners voluntarily retires before the end of the obligation, the entire shares of the company in possession shall be transferred at par value to the representative director (a). (b) One of the partners shall not retire before the end of the obligation for continuous service, but at par value (a) one of the partners shall be sold to the representative director at a certain percentage (100% for less than one year, 75% for less than one year and less than two years, 50% for less than two years, 25% for less than two years and less than three years, 25% for less than three years and 0% for more than four years) for the period from the date of the establishment of the company in this case (i.e., September 21, 201) to the expiration of the obligation for continuous service (c).

(3) (3) The shares acquired by the representative director as above are for the purpose of temporary management to grant the shares of the Gu for the purpose of human being's participation, and the decision of the same intention as the class gun.

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