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(영문) 서울중앙지방법원 2015.09.23 2015나11280
주식반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. E Co., Ltd. (the name of F Co., Ltd. was changed to “F Co., Ltd.” on February 2, 2013; hereinafter “Nonindicted Co., Ltd.”) was established on November 20, 2012 as a company aimed at the power generator and boiler manufacturing business. The Plaintiff and the Defendants held 4,000 shares (each 20%) out of 20,000 shares (one share amount) issued by Nonparty Co., Ltd. (10,000), and D (the beneficial shareholder is H’s land), respectively, owned 8,00 shares (40%) and were registered in the register of shareholders, etc., and the Plaintiff was appointed as the representative director, D, and K (the spouse of Defendant B) as the auditor of Nonparty Co., Ltd., and Defendant C, respectively.

B. On February 25, 2013, the Plaintiff prepared and delivered to the Defendants and H a letter of renunciation of equity (Evidence B; hereinafter “each letter of this case”) stating that “I promise to waive the shares of 20% of the F. The reason and reason for waiver are useful for the principal to use the amount of KRW 50,000,000, which is a part of the funds, during the management of the funds, and the wife is in favor of the Defendant.” On February 26, 2013, the Plaintiff resigned from the representative director of the non-party company as of February 22, 2013.

C. After that, on March 4, 2013, the Plaintiff entered into a share transfer contract (hereinafter “instant contract”) with a non-party company’s 40 million won (hereinafter “instant shares”) to sell the shares of the non-party company (hereinafter “instant shares”). On March 5, 2013, G deposited KRW 40 million in the deposit account in the Plaintiff’s name, and thereafter, it received 40 million shares from the Plaintiff around that time.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 2, 6, 7 through 9, 11 evidence, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion in this case was made by intimidation and coercion of the Defendants, or was made by mistake induced by the Defendants at least in the name of G, even though the Plaintiff did not have useful means for the funds of the Nonparty Company at the time.

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