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(영문) 서울중앙지방법원 2016.07.14 2015가합537856
주권인도 등
Text

1. Defendant E shall have the share certificates listed in the attached table 1 in attached Table 1 against Plaintiff A, and Defendant F shall have the Plaintiff.

Reasons

1. Basic facts

A. The party status 1) Defendant I Co., Ltd. (J of the Co., Ltd.) is the Defendant Company I (hereinafter “Defendant Company”).

(2) On July 19, 2006, Plaintiff C was established for the purpose of producing, screening, and exporting and importing, distributing, and selling various videos, such as motion pictures and cartoons, and characters, and was listed on the KOSDAQ. However, Plaintiff C is a delisted company around April 201. The amount of 90% out of the total number of outstanding shares of Defendant C around May 201 and the actual operator of Defendant Company by February 2012.

3) Defendant E, F, G, and H (hereinafter referred to as “Defendant”)

(2) On February 28, 2012, Defendant E acquired the shares of Defendant Company in its name, and Defendant G is the representative director of Defendant Company, Defendant G is the in-house director, Defendant F is the other managing director, and Defendant H is the auditors. (b) On February 28, 2012, Plaintiff C transferred or offered the shares of Defendant Company indicated in the column for the number of shares claimed (hereinafter “each shares of the instant case”) owned by Plaintiff C in the name of the Plaintiffs and Plaintiff C as security and delegated the management of the Defendant Company (hereinafter “instant agreement”).

(Special) The Plaintiff C legitimately holds 90% of the shares and the right of management of the Defendant Company that holds L operation rights.

(Duties of Plaintiff C)

1. The plaintiff C shall sell the shares of M acquired at the request of the plaintiff C and provide and settle the amount of loss and interest, etc. on behalf of 50% of the shares of the defendant corporation owned by the plaintiff C (45% of the total issued shares).

2. The plaintiff C shall delegate to K the management of the defendant corporation after the date of the contract.

3. The Plaintiff C shall offer 50% of the shares of the Defendant Company held by K (45% of the total issued shares) as security.

The terms and conditions of the offer of security shall be one year after acquiring 4 million N Shares in the name of the plaintiff C and selling them thereafter.

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