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(영문) 서울동부지방법원 2017.12.01 2017가단114727
주식인도 청구의 소
Text

1. The defendant shall pay 180,000 common shares of 500 common shares per share issued by C with respect to the plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) is a company established on December 15, 2008 for the purpose of telecommunications equipment, wholesale and retail business of telecommunications equipment, telecommunications apparatus, etc., and is a company with 600,000 shares issued as of December 30, 2014, and 300 million won capital.

B. On January 15, 2015, the Plaintiff, a director of the non-party company, entered into a sales contract with the Defendant to sell 180,000 common shares (hereinafter “instant shares”) for KRW 90,000,000, which are 500,000 of the face value of one share issued by the non-party company (hereinafter “instant sales contract”). On February 2, 2015, the Plaintiff received the said sales price from the Defendant.

C. On February 2, 2015, the Plaintiff entered into an agreement with the Defendant on the issuance and return, etc. of the instant shares (hereinafter “instant agreement”) to the effect that “If the Defendant entered the non-party company and works for three years from the agreed date, he/she would transfer the instant shares to the Defendant according to the instant sales contract, and if the Defendant retires within three years, he/she would lose the right to this agreement and sell at par value to the Plaintiff, and if three years have elapsed from the agreed date, he/she would transfer without delay the rights arising from the instant shares and shares to the Defendant.”

On February 3, 2015, the defendant entered the non-party company and withdrawn on March 31, 2016, for which three years have not yet passed since it entered the non-party company. The plaintiff notified the defendant of the cancellation of the contract of this case by serving the complaint of this case on the ground of the violation of the contract of this case.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to work for the non-party company for three years in accordance with the sales contract of this case and the agreement of this case. However, it can be known that the non-party company was retired on March 31, 2016, for which three years have not passed since it entered the non-party company. Thus, the plaintiff was the plaintiff's complaint of this case against the defendant due to the above default

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