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(영문) 서울서부지방법원 2017.01.19 2016가합34403
명의개서 및 주주권 확인 등 청구의 소
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. The facts below the underlying facts may be found either in dispute between the parties or in Gap evidence Nos. 2, 3, 4, 5, 6, 8 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1 and 6, with a comprehensive consideration of the whole purport of the pleadings.

The Plaintiff is a stock company aimed at the production, distribution, distribution, etc. of the drama, and Nonparty D is a person who owns 8,000 shares of Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “instant shares”).

Article 1 (Purpose) of the Money Loan Agreement (Purpose) The Plaintiff shall lend KRW 200 million to D, and D shall borrow the money.

Article 2(Performance)D shall be the earlier date between December 10, 2015 and the date when the loan under Article 1 has been due for the Plaintiff.

Article 3 (Interest) The interest rate on loans shall be zero percent.

Section 4 (Stock Security) In order to secure the repayment of obligations under this Agreement, Defendant B’s share 8,00 shares owned by D shall be offered to the Plaintiff as security.

Article 5 (Compensation for Delay) D loses the benefit of the deadline and agrees to offset the amount of KRW 200,000,000,000,000,00,000,000,000,000,000,000,000,00

Article 1(D) of the Stock Sales Contract shall be the earlier date between December 10, 2015 and the date on which the agreement for writing a license is concluded, whichever is the KRW 200 million borrowed from the Plaintiff.

Defendant B’s shares 8,00 per share in the absence of payment to be sold to the Plaintiff at KRW 25,000 per share (total 200 million).

Pursuant to Article 2(1), the Plaintiff offsets the loan amount of KRW 200 million to D and the purchase price of shares to be paid to D, and D transfers shares to the Plaintiff by December 10, 2015, and actively cooperate in all documents and procedures necessary for the transfer of shares.

B. On September 1, 2015, the Plaintiff between D and D, as well as 200 million won.

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