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(영문) 수원지방법원 안양지원 2018.02.08 2017가합181
주주권확인 등
Text

1. Of the instant lawsuit, the part of the claim for confirmation of shareholder status against Defendant B Co., Ltd. is dismissed.

2. The plaintiff's defendant.

Reasons

1. Facts of recognition;

A. The Defendant Company (FF stock company from July 7, 2008 to May 7, 2009) was established with the total number of shares issued for the purpose of civil engineering, construction work, etc. around May 24, 2001 (500 won per share) and KRW 4 billion in capital.

B. The Plaintiff is a company established on April 6, 2005 for the purpose of waste disposal business, etc., and its actual operator is G.

Article 1 (Indication of Objects to be Transferred) The objects to be transferred by the Defendant Company to the Plaintiff are as follows:

1. The total number of corporations and shares owned by the defendant company;

2. The amount of transfer or acquisition of this contract under Article 2 (Transfer or Acquisition Amount) of the licensed matters owned by the defendant company shall be four billion won;

Article 3 (Methods of Price Repayment)

1. Contract deposit: 200 million won;

2. Part payments: 300 million won;

3. Balance: 3.5 billion won special agreement.

1. The intermediate payment of KRW 300 million shall be paid as the price for taking over the shares of the defendant representative director H;

100 million won shall be paid on April 28, 2009, and 200 million won shall be paid on May 8, 2009.

2. The Plaintiff, among other liabilities, succeeds to KRW 1 billion, KRW 1.2 billion, KRW 1.2 billion for the president of the Defendant Company, KRW 1.2 billion for the representative director H, KRW 80 million for the vice president, and KRW 20% for the stocks (20%).

Of KRW 500,000, 300 million out of the KRW 500,00 shall be used as funds for acquiring the business rights of K Co., Ltd. (hereinafter referred to as

C. On April 21, 2009, the Plaintiff and the Defendant Company entered into a corporate transfer and takeover agreement and related special agreements (hereinafter collectively referred to as “instant corporate transfer and takeover agreement”) with the following terms and conditions, and G was registered as the representative director of the Defendant Company on March 17, 2009.

At the time of the instant contract for acquisition of a corporation, the Defendant Company’s register of shareholders was listed as L Co., Ltd. (hereinafter “L”) and M Co., Ltd. (hereinafter “M”), respectively, as a shareholder of at least four million weeks.

E. Each of May 8, 2009, the Plaintiff acquired the entire shares of the Defendant Company, each of which he/she owns 4 million shares from L and M, by paying 100 million won per share (25 billion won per share) respectively.

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