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(영문) 서울동부지방법원 2020.09.23 2018가단143845
주식매매계약 무효확인 청구의 소
Text

On February 28, 2018, about 1,600 common shares of Co., Ltd. (D) between the Plaintiff and the Defendant (former Co., Ltd.).

Reasons

1. Basic facts

A. On September 20, 201, the Plaintiff owned 1,600 common shares of the non-party company (hereinafter “instant shares”) as a representative director and an internal director of the non-party company C (a mutual company D after the change; hereinafter “non-party company”) established on September 20, 201. The Plaintiff’s husband E, as an internal director of the non-party company, was in charge of the purchase and sale of goods as a director of the non-party company, and managed the non-party company.

B. On December 21, 2016, the Plaintiff resigned from the office of the non-party company as the representative director and the director of the non-party company, and the Plaintiff’s resignation of the representative director and the director of the non-party company, the director F and G respectively, and the minutes of the temporary general shareholders’ meeting on December 21, 2016 where the Plaintiff resolved to take office as the representative director, and the registration of the change of the non-party company was completed on December 22, 2016.

C. On January 24, 2018, E entered into an overall transfer and takeover agreement with the Defendant, setting the transfer and acquisition price of the non-party company as KRW 880,000,000, and the Defendant was appointed as an internal director of the non-party company on January 25, 2018.

On February 28, 2018, the Plaintiff entered into a share transfer contract (hereinafter “instant contract”) with the Defendant, setting forth KRW 70,000 per share of the instant shares in the name of the Plaintiff as KRW 112,00,000 per share and transferring the shares to the Defendant (hereinafter “instant contract”).

E. On May 4, 2018, after paying the acquisition price to E, the Defendant changed the trade name of the non-party company to D and assumed office for the representative director of the non-party company.

F. On June 29, 2018, the Plaintiff filed a complaint with E for the crime of forging and utteringing private documents. The Seoul Family Court (Seoul Family Court) filed a lawsuit of divorce with the Seoul Family Court 2018Ddan325762, and was sentenced to divorce by the said court on November 8, 2018.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 12 (including each number, if any) and the purport of the whole pleadings.

2. Judgment on the parties' arguments

(a) a Party;

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