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(영문) 광주고등법원(제주) 2016.12.21 2015나1545
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a major shareholder and representative director of D (hereinafter “D”) and E is a spouse under the Plaintiff’s law and is a representative director of C.

B. The Defendant is a shareholder and representative director of F Co., Ltd. (hereinafter “F”), and G is a person in a de facto marital relationship with the Defendant.

C. The total number of D’s issued shares is 60,000 common shares (hereinafter “instant shares”). Among them, the Plaintiff held 24,000 shares, E, 24,000 shares, H, and I held each 6,00 shares.

The purpose of this contract is to acquire 52,00 common shares (the par value per share) issued by the assignee from the transferor on December 30, 2013 regarding the shares of this case, indicated the Plaintiff as the transferor and the Defendant as the transferee, and to determine all matters related to acquiring the shares from the transferor through due process of management rights of D. Article 2 (Transfer of Shares) is to provide that the transferee takes over 52,000 common shares (the par value per share per share) owned by the transferor from the transferor, and that the transferee determines all matters related to acquiring the shares from the transferor through due process of law. The transferor shall transfer 60,000 common shares of D common shares owned by the transferor to the transferee on December 30, 2013 in accordance with the terms and conditions of this contract, and the transferee shall transfer 3 (Transfer Price) to the transferee on December 30, 200, and the transferee shall transfer 120,000 won for the share price paid by the transferee to the transferee.

E. The “transferor” column at the bottom of the instant contract states that the signature and address of “D’s representative director A (the Plaintiff in this case)” may be signed and sealed, and that side is attached with D’s corporate seal affixed thereto, and the signature and address of “B (the Defendant in this case)” is written in “B” column, and the Defendant’s seal imprint is affixed next thereto.

F. “A (the Plaintiff of this case)” on December 31, 2013, following the date of preparation of the instant contract.

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