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(영문) 수원지방법원 2019.04.24 2018가합17313
주식매매대금 반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff C (formerly changed: H. hereinafter “Plaintiff C”) is a company aimed at investing in venture businesses. Plaintiff A is an internal director of the said company, and Plaintiff B is a company that engages in investment advisory business, etc., and Plaintiff B works as an investment review station in Company I as a company that engages in investment advisory business.

B. J Co., Ltd. (hereinafter “instant company”) is a company aimed at manufacturing machinery, etc. for the manufacture of semiconductors. The Defendants are those holding the shares of the instant company.

(Defendant D: Possession of 58,630 shares of all directors of the instant company, Defendant E, and F: The spouse of each employee of the instant company is 97,200 shares, Defendant G: the employee of the instant company is 97,200 shares.

Plaintiff

A, on July 19, 2017, concluded a sales contract with Defendant D to purchase 18,630 shares of the instant company to KRW 204,930,000 per share (11,000 per share) (hereinafter “instant first sales contract”), and paid the purchase price in full to the said Defendant.

Since then, Plaintiff A and B requested Defendant D to inform Defendant D of the additional sale of the shares of the instant company. Defendant D introduced the remaining Defendants to the Plaintiffs, and the Plaintiffs were from August 16, 2017 to the same year.

9. Between December 27, each of the instant contracts with the remaining Defendants to purchase KRW 11,00 per share of the Company’s shares from the remaining Defendants (hereinafter collectively referred to as “each of the instant sales contracts,” and, in the case of an individual sales contract, the term “instant sales contract.” The contents of each of the instant sales contracts are as listed below) was set up as “the instant sales contract.” At that time, each of the instant sales contracts was paid to the Defendants in full.

(1) On July 19, 2017, Defendant E-1: (a) the number of shares purchased on the date of the buyer’s contract; (b) the number of shares purchased by the Plaintiff A, Defendant D, as of July 18, 2017, KRW 204,930,000, Defendant E-16 August 31, 2007.

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