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(영문) 서울중앙지방법원 2019.07.26 2018가단5263499
주식 인도 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 7, 2003, F Co., Ltd. (hereinafter “F”) was established for the integrated design work for plants of G Co., Ltd. and operated plant design and supervision work by type of work (Piping, civil engineering, electricity, mooring, construction) independent accounting system by Plaintiffs, Defendant H, and I.

B. The registered common shares issued by the non-party company were 70,000 shares (no share certificate was issued) and H was holding 11,200 shares (16%) among them as of February 17, 2009, and the Defendant, H, and I divided the shares issued by the non-party company.

C. However, around February 2009, the shareholders of the non-party company agreed to withdraw from the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 4, purport of whole pleadings

2. Determination on the cause of the claim

A. On February 17, 2009, H decided to withdraw from the non-party company, and on February 17, 2009, H transferred 11,200 shares of the non-party company owned to the Defendant at KRW 56 million (5,000 per share) and the Defendant concluded a contract with the non-party company to re-transfer the said 11,20 shares to the shareholders of the non-party company at the share ratio (hereinafter “instant contract”).

(2) Upon the service of the duplicate of the instant complaint, the Plaintiffs expressed their intent to demand the Defendant to transfer shares in proportion to the shares shares of the Plaintiffs among the 11,200 shares that the Defendant acquired from H pursuant to the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3, purport of whole pleadings

B. According to the above facts of recognition, unless there are other special circumstances, the defendant is obliged to receive the price of 5,000 won per share from the plaintiffs under the contract of this case, and at the same time to transfer the shares of 11,200 shares acquired from H to the plaintiffs according to the ratio of shares shares of the plaintiffs among 11,20 shares.

3. The defendant's defense is judged.

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