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(영문) 수원지방법원평택지원 2014.07.18 2013가합4960
주식명의개서 청구 등
Text

1. As to shares No. 1 listed in the separate sheet at the time of receiving KRW 660,583,753 from the Plaintiff, and as to Defendant B’s shares.

Reasons

1. Facts of recognition;

A. Party E (hereinafter “instant company”) is a company established on February 14, 2003, and the Plaintiff is a representative director of the instant company from around that time to February 14, 2013, and F and G are employees of the instant company.

B. HBBBA entered into a share transfer agreement with the F and G (hereinafter “F, etc.”) on December 1, 2012, that “The Plaintiff acquired the shares of the instant company from HBBD and paid the share price to the Plaintiff, and held 537,426 shares of the instant company (62.889%) among 854,564 shares issued by the instant company, the par value of which was 5,000 as of May 8, 2012, and the Plaintiff held 2,00 shares of the instant company at the time.”

3) On December 5, 2012, F, etc., in accordance with the above title trust agreement, with the Plaintiff’s presence, “F, etc. shall acquire 529,441 shares of the instant company, which is owned by the H29,441 shares, in KRW 1.20 million, G shall take over 352,961 shares (80 million), and F shall take over 176,480 shares (40 million), among which G shall take over 352,961 shares, and 176,480 shares). The instant company shall have the instant company pay KRW 400 million out of the remaining shares, which were not repaid by the instant company until March 31, 2013, and the remaining amount of KRW 400 million until May 31, 2013. Upon completion of the repayment of the remaining shares, the transferor shall, without delay, provide the directors and auditors with the resignation certificate (Article 5)” (hereinafter “acquisition agreement”).

(4) The Plaintiff: (a) through F, etc., to the H-A-B Bank, KRW 150 million on December 5, 2012; and (b) KRW 1,045,483,60 on January 8, 2013, the remainder of which is KRW 1,045,483,60.

C. As described in paragraph 8, the Plaintiff paid the share transfer price to HABB Co., Ltd. with the money received from the Defendants.

A total of KRW 1,195,483,600 shall be paid.

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