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(영문) 광주지방법원 순천지원 2018.05.03 2017가합13091
주주지위확인
Text

1. The defendant confirmed that 32,00 shares C in the name of the defendant were owned by the plaintiff.

2. The defendant.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1 through 4, 8, 9, 12 (including provisional numbers, hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. The Plaintiff owned 40,00 common shares, which are total shares issued by Nonparty Company, as a company established for the purpose of waste recycling business.

B. On February 16, 2017, the Plaintiff entered into a contract with the Defendant to transfer all of the Plaintiff’s shares to KRW 300 million (hereinafter “instant contract”) and transferred KRW 32,000 out of the shares of Nonparty Company, which is KRW 40 million on the same day, with payment of KRW 40 million.

The comprehensive transfer or acquisition agreement of the non-party company

1. The purchase price of the shares of the non-party company shall be KRW 300,000 ( KRW 300,000).

2. The payment method of the purchase price of stocks shall be made in cash on February 15, 2017, and KRW 200 million shall be made in cash on August 31, 2017, and KRW 60 million shall be made in cash on December 31, 2017.

3. The transfer and acquisition by transfer of a non-party company shall be February 15, 2017.

4. The Defendant shall provide the Plaintiff with the 11 parcel of land, other than D, Chungcheongnam-gun, Chungcheongbuk-gun, up to the time when the purchase price of shares is KRW 300 million was paid in full.

(The present real estate is set in the first order, the secured five parcels shall be set in the second order, and the other parcels shall be set in the first order).

5. The distribution of shares is owned by the defendant 80% until 300 million won is paid in full, and the plaintiff 20% is owned by the plaintiff, and the plaintiff shall transfer all the shares to the defendant without any condition when paid in full

6. The legal issues and debts of the non-party company before February 15, 2017 are responsible and resolved by the Plaintiff, and the repayment of the remaining policy funds shall be refunded to the Defendant liable and succeeded.

In the event of the failure to comply with the above provision, KRW 300 million shall be compensated.

7. The date of payment may be extended as much as the number of days delayed in consultation with the Defendant, in cases where the Plaintiff failed to resolve the civil litigation problem of the non-party company currently under way until March 31, 2017, thereby hindering the lending schedule of financial rights.

(c).

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