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(영문) 대전지방법원 2018.02.07 2017가단200778
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) C transfers the Plaintiff Company B’s 6,00 shares to the Plaintiff, and the Plaintiff Company B.

Reasons

1. Basic facts

A. On July 17, 2015, the counterclaim Defendant is a company established for the purpose of manufacturing and selling natural salt, etc., and the Plaintiff is the representative director of the said company, and the Defendant is a “D” brand and is engaged in the business of manufacturing and selling natural salt.

B. On October 1, 2015, the Plaintiff entered into a contract on the transfer of shares between the Defendant and the Defendant with the content that the design and manufacture of the D brand and non-exclusive products owned by the Defendant were transferred to the Defendant, and that the Defendant transfers 6,000 shares of the counterclaim Defendant to the Defendant.

(C) The Defendant, at the time of the formation of the share transfer contract, made an oral agreement and the actual contract was made on January 19, 2016. The Defendant, at the time of the formation of the share transfer contract, did not fully read the contents of the Plaintiff’s horse, which is the same as that of the share transfer contract as that of Party A’s certificate No. 27, and affixed a seal to the Plaintiff, and received a notarized act, and thus, did not accept the claim that Party A cancel the share transfer contract of Party A’s certificate No. 2. 2. The main contents of the instant contract are as follows.

Article 2 (Shares Subject to Transfer and Receipt) The matters pertaining to the common sense that A (Plaintiffs) transfers to (Defendant) “A” in accordance with this Agreement shall be as follows:

5,000 won per share, common shares, 20,000 shares B of the total number of shares issued, 6,000 shares, 30 million won for the total sales value of shares issued under Article 3 (Total Transfer Price).

F. Article 4 (Payment of Transfer and Receipt Stocks) “A” shall replace “A” with “A” with the following contents after consultation on the total amount of Article 3 of the purchase price of shares:

1. By January 19, 2016, “B” shall substitute for the design of D brand and non-reliced products sold in lieu of stock transfer proceeds, and for the price for transfer under the terms and conditions to be transferred to A, “B”. 2. If the said transfer is not effected with respect to subparagraph 1 above, “B” shall be deemed to be “A”.

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