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(영문) 서울중앙지방법원 2010.08.13 2009가합126750
주권인도 등
Text

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

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

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole arguments in each entry of evidence Nos. 1 to 2-3, evidence Nos. 7, evidence Nos. 11 to 14, evidence Nos. 23-1 to 25, and evidence Nos. 28-1.

Defendant E Co., Ltd. (hereinafter “Defendant E”) is an unlisted corporation established on April 27, 1998 for the purpose of real estate sale and lease business, etc., Defendant F was the representative director of the Defendant Company, and the Plaintiffs were the shareholders of the Defendant Company.

B. On March 16, 2004, Plaintiff A entered into a profit retirement contract with the principal and as the representative of Plaintiff B, C, and D, the Defendant Company (F at the time of the representative director), Defendant F, and G [the representative director F at that time, and the “H” of March 19, 2004 (hereinafter “H”)

2) The Plaintiff entered into a contract on the retirement of profits, etc. (hereinafter “instant benefit retirement contract”) with the Plaintiff (hereinafter “instant benefit retirement contract”) and the primary content is as follows.

Specialized

1. As of the date of this contract, Defendant F holds 452,200 common shares equivalent to 32.30% of the total number of outstanding shares of the Defendant Company. Plaintiff A holds 452,200 common shares equivalent to 32.30% of the total number of outstanding shares of the Defendant Company. Plaintiff B, C, and D hold 51,800 common shares equivalent to 3.70% of the total number of outstanding shares of the Defendant Company (Plaintiff B, C, 18,200 shares, 1.30% of the total number of outstanding shares, 400 shares, 1.10% of the Plaintiff D, 15,400 shares, and 1.10% of the total number of outstanding shares

Article 1 (Retirement of Stocks) The Defendant Company shall, in accordance with the provisions of this Article, retire the entire amount of the stocks held by the Plaintiffs (hereinafter “stocks subject to retirement”) throughout 204 and 2005 (Secondary Retirement) on a total of two occasions as distributable profits accumulated from the business year 1998 to the business year 2004 of the Defendant Company pursuant to Article 462 of the Commercial Act. The Plaintiffs and Defendant F shall consent thereto. 2) The Defendant Company shall pay to the Plaintiffs in return for the retirement of the profits under paragraph (1).

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