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(영문) 대구지방법원경주지원 2016.06.10 2014가단12365
주식인도 등
Text

1. The Plaintiff and the Defendant B share 6,150 shares issued by Defendant B, among the shares issued by Defendant C, with a face value of 10.0

Reasons

1. Basic facts

A. Defendant B holds the shares of 31.64% of the total outstanding shares (41,00 shares, and no share certificates have been issued) of Defendant C Co., Ltd. (hereinafter “Defendant C”), and otherwise holds the shares of 18.07%, D 45.05%, E 3.24%, and F 2% of the shares.

B. Around June 2013, the Plaintiff entered into an agreement with Defendant B with the following content (hereinafter “instant agreement”).

The ownership shall be certified by 15% out of the 51% equity shares owned by the general common shares B of the stock holding company at issue to A.C.

At the later 49% of the remaining shares, the shares shall be owned by B51% and A49% of the shares.

The total stocks [100% of the stocks of the Bank of Korea Co., Ltd.] shall be acquired with the corporate fund of the Bank of Korea.

【In the absence of dispute over the grounds for recognition, each entry of Gap evidence Nos. 1 through 5 (the defendant B’s seal affixed to the evidence No. 2) (the defendant B’s seal affixed to the evidence No. 2 is not a dispute over the defendant B, and the authenticity of the above evidence is recognized).

2. Determination as to the cause of the claim, the transfer of shares before issuance of share certificates takes effect only by the declaration of intention of the parties in accordance with the general principles as to the transfer of nominative claims, and the transferee of shares before issuance of share certificates may, except in extenuating circumstances, solely prove that he/she acquired shares without the need to obtain the transferor's cooperation, request the change of title to the company

(See Supreme Court Decision 2005Da45537 Decided September 14, 2006, etc.). The instant agreement includes that Defendant B shall transfer to the Plaintiff only 6,150 shares of Defendant C (=41,00 shares x 15%, and the Defendant shall transfer to the Plaintiff 15% shares of Defendant C’s 6,150 shares (i.e., KRW 41,00 shares x 15% shares x 51% shares owned directly or indirectly by the Plaintiff). However, the content of the instant agreement, which is a disposal document, and the agreement entered into between the Plaintiff and the Defendant on August 28, 2014 (Article 6).

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