(영문) 서울중앙지방법원 2015.03.27 2014가합560552

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(영문) 서울중앙지방법원 2015.03.27 2014가합560552

신주발행무효확인의 소

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

Of 20,000 shares issued by the Defendant at the time of incorporation on June 19, 2013, 10,000 shares issued by the Plaintiff and owned 10,00 shares by C respectively.

(A) At the time, the Plaintiff agreed to transfer KRW 10,00 of the Defendant’s shares to C on September 13, 2013 (hereinafter “instant share transfer agreement”) and its main contents are as follows: (a) the amount of shares to be transferred was changed to KRW 1,000 on January 28, 2014; (b) the amount of shares to be transferred was changed to KRW 1,000.

(A) Pursuant to the terms and conditions set out in this Agreement for the purpose of sale of Section 1, "sellers (referring to the plaintiff)" shall sell 10,000 common shares of the subject company (referring to the defendant) to "Buyers (referring to the plaintiff)" in accordance with the following classification, and "Buyers" agree to purchase them from "sellers":

The "seller" of the shares subject to Section 2 of Section 2 of Section 2 of Section 5,000 of Section 5,000 of Section 2 of Section 2 of Section 2 of Section 2 of Section 5,00 shall transfer the ownership of the shares to "Buyer" according to the following classification:

A. The first transfer: receipt of the purchase price for the first transfer portion in accordance with Article 3, and simultaneously transfer 5,000 common shares corresponding to the first transfer portion.

B. The second transfer: receipt of the purchase price for the second transfer portion in accordance with Article 3, and simultaneously transfer 2,500 common shares corresponding to the second transfer portion.

C. The third transfer: receipt of the purchase price for the third transfer portion in accordance with Article 3, and simultaneously transfer 2,500 common shares corresponding to the third transfer portion.

Article 3(1) Determination and payment of the purchase price of the shares subject to (1) shall be calculated on the basis of KRW 10,000 per share as follows:

A. The first transfer: 50,000,000 won;

(b) Second transfer: 25,000,000 won; and

C. The third transfer: 25,000,000 won (2) shall be determined in accordance with the preceding paragraph.

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