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(영문) 서울중앙지방법원 2019.11.14 2018가합509357
주식양도청구의 소
Text

1. The defendant

A. The shares listed in Section 1-A (A) of the attached Table 1 to Plaintiff A, and the attached Table 1-A to Plaintiff B.

Reasons

1. Basic facts

A. Defendant and L established M Co., Ltd. engaged in insurance agency business (hereinafter “instant company”), and held 50% shares of each of the instant companies as joint representative directors. The Defendant was dismissed from office of the representative director on July 31, 2017 through a resolution of the board of directors.

B. The instant company merged 14 companies operating insurance agency business from February 2, 2012 to February 2015 (in the case of N Company N, the acquisition of the shares held by the instant company, the representative director and the shareholder, by the method of acquiring the entire shares of the instant company), and the merged or acquired corporations (hereinafter “merged companies”) were organized into the business division, which is subordinate organizations of the instant company, and the representatives of each corporation operated the business division by taking charge of the representatives of each business division, which is an independent debt settlement system.

C. At the time of the above merger, the instant company and the Defendant, L, the merged company and the actual shareholders of the merged company concluded each of the “Agreement on Operation and Profit Distribution of the Business Department” (hereinafter collectively referred to as the “instant contract”) in addition to the above merger contract.

The Plaintiffs and the Intervenor joining the Defendant are the assignee who is the actual owner of the merged company or was transferred the rights under the merger contract and the instant contract from the actual owner.

The date of merger with each merged company and the name of the business division which has been reorganized after the merger shall be as follows:

After the merger of companies subject to the merger (acquisition) of the contract date of the transferee, the contractor (actual owner) on October 25, 2012, the name of the business division, Plaintiff AAB, Inc., Ltd., on October 25, 2012, Plaintiff AV, Inc., Ltd., on January 2, 2013, 2013, Plaintiff CV, Inc., Ltd., on June 24, 2013, Plaintiff AV, Inc., Ltd., on August 20, 2013, on August 24, 2013, 2013, Plaintiff AADB, Inc., Ltd., Ltd., Ltd., Ltd., AAB, Ltd., on July 25, 2013, 2013, Plaintiff ADDG, Inc., Ltd., Ltd., on July 30, 2014.

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