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(영문) 수원지방법원 2014.05.22 2013가단99436
주식명의개서절차이행청구권
Text

1. All of the plaintiffs' lawsuits against Defendant D are dismissed.

2. The plaintiffs' claim against defendant C.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a corporation that operates electronic-related facilities, software design, research, development, sale and service business, etc., and Defendant D is an internal director of the Defendant Co., Ltd.

B. The Plaintiffs were employed by joining the Defendant Company, and Plaintiff A (former E) retired on August 31, 2012, and Plaintiff B retired on April 30, 2012.

C. The Defendant Company was established on May 25, 2006. At the time of the establishment, the company issued 98,000 common shares per share of KRW 5,000 per share, but the share was not issued until the date of closing the argument in this case.

On December 4, 2006, Defendant D entered into a share acquisition agreement on August 31, 2006 with respect to the shares issued by Plaintiff A and Defendant D, and on August 31, 2006, with respect to shares issued by Defendant D 5,000 shares issued by Plaintiff B and Defendant D.

[hereinafter the above contract is referred to as "each share acquisition agreement of this case" and the share acquisition agreement of this case is prepared at the time of the above contract (No. 2-1 and No. 2 of the evidence A) shall be referred to as "each share acquisition agreement of this case."

(e) At the time of each share acquisition agreement, the Plaintiffs and the Defendant, at the time of each of the instant shares acquisition agreements, did not enter a separate change of holders prior to listing on KOSDAQ or major changes in shares of the Defendant Company’s shareholders’ roster, and the shareholders’ roster decided to enter the name of Defendant D, the representative director of the Defendant Company, in the name of Defendant D (see Article 7(1) of each of the instant shares acquisition agreement). [The grounds for recognition] without any dispute, and the purport of each of the instant shares acquisition certificates and evidence Nos. 1 and 2 (if

2. Determination on the legitimacy of each of the plaintiffs' lawsuits against defendant D

A. The gist of the plaintiffs' assertion is that the plaintiffs, on the premise that each of the shares listed in the separate sheet issued by the defendant company was held in title trust with the defendant D, the delivery of a copy of the complaint in this case, and the execution of the transfer procedure for each of the above shares against the defendant D on the ground that the above contract was terminated.

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