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(영문) 인천지방법원부천지원 2016.05.20 2015가합2439
회계장부등 열람.등사청구의소
Text

1. The defendant shall be intentional to the plaintiff for a period of 30 days, excluding holidays, from three days after the date this judgment became final and conclusive.

Reasons

1. Basic facts

A. The Defendant owned the Plaintiff’s shares was a corporation established for the purpose of building management service business, etc. on September 1, 2005, and around January 2008, the total number of the Defendant’s shares issued was 122,000 shares, among which the Plaintiff owned 61,00 shares.

B. On December 19, 201, the Plaintiff and the Defendant’s representative director D, including the preparation of a share acquisition agreement with D, drafted a share acquisition agreement (Evidence B 3-1) under which they transfer KRW 61,500,000 of the Plaintiff’s shares to D, and the Plaintiff filed a tax base return on the securities transaction tax following the said transfer on December 21, 201, and accordingly, the Defendant paid KRW 1,525,000,00 in the House Tax on the same day.

C. On September 11, 2015, the Plaintiff and D drafted a written undertaking to perform their obligations, instead of paying a total of KRW 450 million to the Plaintiff on three occasions, on November 25, 2018, when D paid a total of KRW 450 million to the Plaintiff, the Plaintiff drafted a written undertaking to perform its obligations (Evidence 1) to waive the Defendant’s rights to 50% of the shares issued by the Defendant (Evidence 1). The main contents are as follows.

Under the condition that the Plaintiff of 50% of the Defendant’s shares waives his shares, the Defendant’s representative director D, as follows, shall prepare and deliver to the Plaintiff of the waiver of shares a letter of undertaking to confirm the obligation and to ensure the repayment of the obligation as follows:

§ 1. Matters to waive rights of shares

1. On September 2, 2005, the date on which a right to shares arises: The date on which a right to shares is waived: November 25, 2018;

1. D Recognizing that the Plaintiff has the following obligations with respect to the total amount of obligations:

(a) Total amount of obligations: Article 3 (Date of Performance and Interest) of the 450 million won

2. The date and amount of the reimbursement will be paid in three installments as follows:

1) The first amount of repayment and the date of repayment: 150 million won, and the second amount of repayment and the date of repayment: 150 million won, and 150 million won, respectively.

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