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(영문) 대전지방법원 2017.08.31 2016가합104986
주식반환청구의 소
Text

1. The defendant receives 143,057,851 won from the plaintiff A and 135,867,768 won from the plaintiff B, while simultaneously receives them.

Reasons

Facts of recognition

D Co., Ltd. (hereinafter “instant company”) is a corporation incorporated on April 15, 201.

E, at the time of the establishment of the instant company, solicited the Plaintiff A, F (referring to Plaintiff B), and G to make investments, and accordingly, the Plaintiff A invested approximately KRW 1.1 billion, KRW 600 million, KRW 400 million, and KRW 400 million, thereby establishing the instant company.

At the time of the establishment of the instant company, H was the representative director, and E was the managing director.

The purpose of the establishment of the company in this case was to operate the car trade and tourist bus parking business, but its purpose was converted to an urban development project in around 2013.

Of the initial shares 242,00 shares of the company of this case, Plaintiff A owned 6,700 shares, Plaintiff B owned 62,600 shares, G owned 17,700 shares, and H owned 78,700 shares, and H owned 17,00 shares on September 20, 2012, and H transferred 115,40 shares out of the shares of the company of this case to Plaintiff B, and 48,700 shares out of the shares owned by Plaintiff B, and thereafter Plaintiff A transferred 115,40 shares out of the shares of the company of this case to Plaintiff B, Plaintiff B owned 109,60 shares and 17,00 shares in GIST, respectively.

H has resigned from the office of representative director on December 5, 2012, and I has been appointed as a new representative director.

When an urban development project, such as the development of apartment houses, is faced with a difficult point, H and E proposed that they transfer stocks to the plaintiffs through a contract for transfer or acquisition of corporate and business rights (hereinafter “instant contract”).

Therefore, on April 19, 2014, the contract of this case was concluded between the company of this case and the transferee (A) as the defendant.

In transferring and taking over the shares of a corporation by referring to a transferor A and a transferee B through an agreement between the parties to a contract for transfer and acquisition of business rights, the parties agree to take over the ownership and management rights of the corporation and enter into a contract as follows:

Article 1 [Subject Matter of Transfer] Objects A transferred to B by A shall be as follows:

1. A’s possession;

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