logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.01.15 2014나2017297
주식매매대금 청구의 소(일부청구)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The conclusion of a share transfer agreement and the issuance of promissory notes, etc. 1) C Co. (A) was changed to the Plaintiff on March 27, 2013;

The term "Plaintiff" in total below shall be referred to as "Plaintiff"

around December 23, 2004, G was changed from March 25, 2005 to March 18, 201 by the Plaintiff’s director, from November 8, 2005 to November 8, 2008, and D (the Defendant’s trade name was changed on May 9, 201).

collectively referred to as "defendant" shall be referred to as "defendant"

(2) The E Savings Bank Co., Ltd. (hereinafter “E Savings Bank”) from June 19, 2006 to April 29, 201, as an internal director and actual manager, and from June 19, 2006 to April 29, 2011

The representative director of the E Savings Bank is each person who held office as the representative director. The total number of shares issued by the E Savings Bank from December 15, 2005 to June 18, 2007, 33,000 registered ordinary shares issued by H from December 15, 2005 to December 18, 2007, is 772,312 shares registered ordinary shares, and thus, 33,000 shares registered ordinary shares are 4.27% of the total number of shares issued (hereinafter “instant shares”).

(2) The Plaintiff purchased the instant shares at KRW 1 billion and announced this fact through the annual business report in 2004 by the Plaintiff. At the time of the purchase of the instant shares, the Plaintiff entered into a share transfer agreement between August 5, 1993 and March 13, 2012 with the Plaintiff’s representative director from August 5, 1993 at the time of the Plaintiff’s establishment to March 14, 2012 (hereinafter “instant agreement”) under which the Plaintiff would transfer the instant shares owned by the Plaintiff to the Defendant at KRW 1 billion on July 4, 2006 and pay the price to the Plaintiff on the date of the agreement (hereinafter “instant agreement”). The Plaintiff announced this fact through the annual business report, etc. in 2006.

On the other hand, the defendant, on July 3, 2006, on the day before the conclusion of the contract of this case, paid the share transfer price under the contract of this case, at par value of one billion won.

arrow