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1. Defendant C shall deliver to the Plaintiff the shares listed in attached Form 1(1).
2. Plaintiff A’s Defendant D, E, and F
Reasons
1. Basic facts
A. The Plaintiff Company was established on September 8, 2001 as a corporation engaged in automobile rental business.
In early 2014, among the shares 105,000 shares of the Plaintiff Company, Plaintiff A owned 26,250 shares (25 percent shares), Defendant C, D, E, and F respectively 10,50 shares (10 percent shares), Defendant G owned 15,750 shares (15 percent shares), and Defendant H owned 21,00 shares (20 percent shares).
Defendant G managed the Plaintiff Company as the representative director and in-house director of the Plaintiff Company by March 26, 2014, who is his/her father, as his/her father, until March 26, 2014. Defendant H was the wife of Defendant G, and was the inside director of the Plaintiff Company by March 26, 2014.
B. On March 7, 2014, the board of directors held by the Plaintiff Company on or around March 7, 2014, at the meeting of the Plaintiff Company: (a) during the attendance of the Plaintiff and the Defendants, the officers of all Plaintiff Company including the Plaintiff Company, including the Plaintiff and the Defendant G, resign; (b) the Plaintiff paid KRW 200 million in cash to Defendant G; and (c) the Plaintiff’s transfer of the officetels listed in attached Form 2(2) and 1/2 of the forest land listed in attached Form 2(1) to Defendant G.
C. On March 26, 2014, Plaintiff A entered into a sales contract with Defendant H to purchase KRW 115,50,000 ( KRW 5,500 x 21,000 x 21,000 per share), each of which was owned by Defendant H at the time. On April 21, 2014, Plaintiff A entered into a sales contract with Defendant G to purchase KRW 86,625,00 per share ( KRW 5,500 x 15,750 per share).
Plaintiff
A paid KRW 20 million to Defendant G (around March 11, 2014, KRW 20 million around March 25, 2014, KRW 100 million around March 25, 2014, and KRW 80 million around April 21, 2014), out of the forest land listed in attached Form 2(1), the shares of KRW 1/2 of the shares owned by the Plaintiff company, and shares of KRW 1855.5/7943 among the shares of KRW 1/2 of the shares owned by the Plaintiff company, and shares of KRW 185.5/7943 to Defendant G District Court Branch of Incheon District Court Branch of Kimpo-si on March 28, 2014, KRW 25200, and KRW 216/7943.