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(영문) 서울중앙지방법원 2018.12.06 2017가합518149
주식양도해제통지 등 청구의 소
Text

1. Defendant C, D, E, and F are listed in the separate sheet Nos. 1 and 2 between the Plaintiffs and Defendant C, D, E, and F.

Reasons

Basic Facts

The following facts are either disputed between the parties, or acknowledged by the overall purport of Gap evidence of Nos. 1 through 15, 18, 19, 26, Eul evidence of No. 1, 2, 3, 6, 7, and 15 (including each number), and no other counter-proof is otherwise asserted.

[Defendant C, D, E, and F asserted that Gap's certificate No. 19 (the transfer contract as of April 29, 2014) was forged. However, since there is no dispute between the parties as to the fact that the seal affixed to the above transfer contract is the seals of Defendant C, D, E, and F, the authenticity of the entire document is presumed to have been established, and there is no evidence to acknowledge that the above document was forged, and there is no other evidence to acknowledge it otherwise. The J Co., Ltd. (hereinafter referred to as "J") issued 200,00 won ordinary shares of 5,00 won in face value as of January 12, 2004, with the company engaged in the manufacture and sale of clothing as of January 12, 2004, it did not issue the share certificate by the closing date of the argument in this case.

J around 204, in order to expand overseas business, it establishes KK Limited Corporation (hereinafter “instant Limited Corporation”) in China and holds 100% of its equity interest.

On April 29, 2014, the Plaintiffs entered into a management and share acquisition agreement with Defendant C, D, E, and F to transfer management rights of J and 170,00 shares of J (Plaintiff A: 109,00 shares, Plaintiff B: 61,00 shares) owned by the Plaintiffs as follows.

(hereinafter “instant stock acquisition agreement”). Article 2 of the instant stock acquisition agreement indicate the subject matter of acquisition

(a) Class of shares: Ordinary shares issued by J; and

(b) Par value: 5,000 won per share;

(b) Number of shares: 170,000 shares;

(c) Transfer value: 50 million won (50,000,000) (including intellectual property rights, such as trademark rights) and all shares are transferred in accordance with this subsection.

Article 3. The terms of sale under the acquisition by transfer shall take over the management rights and shares of the J, and shall include the following:

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