logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.09.04 2015나2026496
신주발행무효확인의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the whole pleadings in the entries in Gap evidence 1 to 3, Eul evidence 1, Eul evidence 3 to 5, Eul evidence 6-5, and Eul evidence 8:

Of 20,000 shares issued by the Defendant as of June 19, 2013, 10,000 shares issued by the Plaintiff was acquired by the Plaintiff, 10,000 shares, and owned by C respectively.

(At that time, the par value shares had been changed to KRW 1,00 on January 28, 2014.

On September 13, 2013, the Plaintiff decided to transfer 10,000 shares of the Defendant to C in KRW 100,000 (hereinafter “instant share transfer contract”), and the main contents thereof are as follows.

In accordance with the terms and conditions set out in this Agreement for the purpose of the sale of Article 1 of the Stock Transfer Agreement, the Plaintiff shall sell to C 10,000 shares of common shares of the Defendant’s issuance (hereinafter collectively referred to as “subject shares”) in proportion to the following classification, and C shall agree to purchase them from the Plaintiff:

The Plaintiff shall transfer the ownership of the shares in question to C according to the following classification: (a) the first 5,000 shares of the second 2,500 shares of the second 2,500 shares of the second 2,500 shares of the shares; (b) the transfer of the shares in question to C:

A. The first transfer: receipt of the purchase price for the first transfer portion in accordance with Article 3, and simultaneously transfer 5,000 common shares corresponding to the first transfer portion.

B. The second transfer: receipt of the purchase price for the second transfer portion in accordance with Article 3, and simultaneously transfer 2,500 common shares corresponding to the second transfer portion.

C. The third transfer: receipt of the purchase price for the third transfer portion in accordance with Article 3, and simultaneously transfer 2,500 common shares corresponding to the third transfer portion.

Article 3(1) Determination and payment of the purchase price of the shares subject to (1) shall be calculated on the basis of KRW 10,000 per share as follows:

A. The first transfer: 50,000,000 won;

B. The second transfer:

arrow