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(영문) 서울동부지방법원 2018.12.05 2017가합111541
주식인도등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant C transferred the amount of KRW 10 million to Defendant C on September 6, 2006, KRW 10 million on March 5, 2010, KRW 10 million on March 6, 2010, and KRW 10 million on March 6, 2010 respectively.

B. Defendant C established the Defendant Company on April 13, 2010 and took office as its representative director, and maintained its status until now.

C. The Defendant Company was listed on the KOSDAQ on September 27, 2017, and the total number of outstanding shares as of October 10, 2018, which was the date of the closing of the instant argument, is 5,332,145 shares.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-3, 5, Eul evidence No. 2, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff paid the above KRW 30 million to Defendant C with the acquisition price of the shares of the Defendant Company, and entrusted the name of the shareholder to Defendant C. The Plaintiff’s service of a copy of the complaint of this case, which terminated the above title trust agreement.

Therefore, Defendant C, as part of the Defendant Company’s shares held in title by the Plaintiff (including shares derived from the shares held in title trust, and specific calculation details are as follows), is obligated to deliver 204,000 shares as indicated in the separate sheet sought by the Plaintiff. Defendant C, as to the said shares, is obligated to implement the transfer procedure to change the name of the shareholders on the register of shareholders to the Plaintiff.

On April 15, 2010, the number of Plaintiff’s total issued stocks of the temporary contents 10,000 shares 6,000 shares 30,000 shares ± 5,000 shares ± 20,000 shares 6,000 shares for consideration on December 11, 2010, the increase of capital 9,400 shares 10,000 shares for consideration on February 12, 201, the increase of capital 20,000 shares 20,000 shares 20,40 shares 6,400 shares for consideration on February 12, 201, the same shall apply to 6,00 shares x 40 shares x 6,00 shares x 2.4 (= 70,600 shares / 2.400 shares / 29,400 shares ; hereinafter the same shall apply).

[) On September 24, 201, 201, 70,600, 42,857, 142,857, 20,40, 200, 180, 322,857, 46,104, 25,704 (=20,400 + 180,000) 】 77,143, 40, 57, 169, 104, 104, 204, 240, 25,704, 2704, 77, 203, 143, 40, 57, 169, 46, 104, 104, 464, x 7,104, 243, 714, 273, 275)

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