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(영문) 서울남부지방법원 2017.06.22 2016가단202521
증권
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 2 and 3 and Gap evidence Nos. 4 to 9:

D The representative director was the non-listed stocks 28,000 non-listed stocks of non-party F Co., Ltd. (hereinafter referred to as "non-party F Co., Ltd.") operating plant design and construction business in Kimpo-si, Kimpo-si (hereinafter referred to as "non-party F Co., Ltd.") and was the representative director.

B. On December 24, 2008, D decided to transfer each of 6,000 shares out of the shares of the non-party company to Defendant B, G, H and I, who is an employee of the non-party company, and 4,000 shares out of the shares of the non-party company to Defendant C. On December 26, 200, D resigned the representative director of the non-party company, and thereafter G was appointed as the representative director.

C. On December 24, 2008, D prepared a certificate of stock transfer between Defendant B and Defendant B with the purport that D transferred KRW 60 million of the shares of Nonparty B to Defendant B, and a certificate of stock transfer between Defendant C and Defendant C that D transferred KRW 20 million to Defendant C, respectively (hereinafter “instant stock transfer contract”), accompanied by the certificate of personal seal impression of himself and the Defendants, and written and submitted a tax base return of securities transaction tax with the above contents to the director of Gangseo-gu Tax Office on January 5, 2009.

According to the above acquisition of shares, the shares of the non-party company held by the defendant Eul were 8,400 shares, and the shares held by the defendant C were 4,400 shares, and the non-party company increased 60,000 shares of ordinary shares on April 27, 2010 and distributed them free of charge according to the shares owned by the shareholders at the time of the increase of 60,000 shares, among which the shares were distributed to the defendant B and the 6,600 shares to the defendant C, respectively.

E. D’s death on December 2, 2012 (hereinafter “the deceased”), and the Plaintiff inherited the deceased’s property as the deceased’s spouse.

F. On January 15, 2016, the Plaintiff did not pay the instant share price to the Defendants by the 31st day of the same month.

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