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(영문) 서울중앙지방법원 2015.12.17 2015가합560450
주권인도등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties’ status E Co., Ltd. (former trade name: F.F.; hereinafter “E”) is a company aimed at multi-level marketing, such as health and food sales business, and the bankrupt A Co., Ltd. (hereinafter “Bankruptcy”) is a company that aims at door-to-door sales business.

B. The issuance and delivery of the instant declaration, etc. and the transfer of the instant shares, etc. 1) E and the bankrupt were in a situation where sales commission could not be paid to their sales clerks due to financial difficulties. G, the representative director and the actual manager of the bankrupt, as of September 28, 2006, who were held by the bankrupt on September 28, 2006 by the Defendant D (the former trade name: H: hereinafter “Defendant D”).

(3),356,700 shares (the shares 99.72%, hereinafter referred to as “instant shares”)

(A) with respect to shares, including shares, the following certificates of commitment (as referred to in Section A(3), hereinafter referred to as “instant certificates of commitment”):

The E representative director G promised to transfer all the shares to F families in order to revitalize the business of F families (the bankrupt and E's salespersons) and to realize family management as follows, and the detailed procedures are carried out through counsel and accountant advice (by December 31, 2006). (To date, until December 31, 2006), the amount of a large sum of shares in common, which is 3,356,700 shares (9.72%) held by Defendant D 33,56,700 shares (9.72%) and the amount of shares held by the bankrupt at KRW 33,567,00,000: (Signature) on December 29, 2006, the bankrupt divided the claims of this case against E (the amount of shares held by G representative G representative G3), which was written after the letter of promise of this case, and increased the number of shares held by the bankrupt at the rate of 30:136,200,000 shares to E (the number of shares held by the bankrupt).

(hereinafter referred to as the “instant contract”) between the bankrupt and E. 4. The bankrupt commended the instant shares from Defendant D on January 24, 2007.

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