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(영문) 부산지방법원 2016.11.23 2014가합13047
주식반환 등
Text

1. Among the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) B, the shareholders’ rights of shares listed in the attached Table 2 are included.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 21, 2003, the Plaintiff and Defendant B established a stock company and agreed to jointly engage in the automobile correction expenses business (hereinafter “instant club business agreement”), and accordingly, constituted the instant company by having the Plaintiff as its representative director.

B. At the time of incorporation of the instant company, the Plaintiff’s 5,000 shares out of the total number of shares issued 10,000 shares, the Plaintiff’s 1,00 shares, Defendant C’s 1,00 shares, and Defendant D’s 3,00 shares.

(hereinafter, Defendant C and D’s above shares are “instant 1 shares,” and “instant 2 shares,” respectively.

On November 21, 2003, G Co., Ltd. (hereinafter referred to as “G”) was established for the purpose of automobile maintenance business, etc., and on May 20, 2004, H’s business operator who runs the wholesale and retail business of automobile goods as Defendant B’s representative was registered.

In the joint operation of the instant company, the Plaintiff and the Defendant B enter into a contract for the transfer of equity and the partnership business (hereinafter “instant contract”) as follows:

1. The plaintiff transferred 30% (15,000,000 won, face value 5,000 won) out of 50% of the shares held by the company of this case, which the plaintiff held as representative director, to the defendant B, and the defendant B acquires them.

However, without changing a legal entity, the plaintiff seems to hold title trust with 30% of the shares of defendant B.

2. The price of shares transferred by the Plaintiff to Defendant B is that of the funds invested at the time of incorporation of the instant company on April 2003, 2003, and thus, there is no separate payment obligation for the Plaintiff.

3. In addition to the shares of the instant company, the Plaintiff confirmed that it assessed the Plaintiff’s investment (cash of KRW 695,000,000, collateral of KRW 180,000,000, total of KRW 875,000) in addition to the shares of the instant company without any objection.

4. The Plaintiff and Defendant B are jointly managing the headquarters and branches of the instant company.

1 The plaintiff makes a decision with the overall business administration affairs of the company Eul.

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