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(영문) 수원지방법원안산지원 2019.01.10 2017가합10173
지분 정산 청구
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”)’s position as the parties is a stock company with the purpose of manufacturing materials and wholesale business for rice mill materials and wholesale business, and D(hereinafter “D”) is a stock company with the purpose of specialized food distribution and sales business.

The plaintiff, E, and defendant B are siblings relationship.

Defendant B was the representative director of Defendant C until March 30, 2015, and is currently the inside director of Defendant C’s representative.

B. D Agreement E between Defendant B and E owns a total of 10,000 shares issued in D (one share value of KRW 5,000 per share) and entered into a contract with Defendant B to transfer D’s shares in KRW 340,000 (hereinafter “D Share Subscription Agreement”) around September 2012 while managing D substantially as a director in the company.

D In accordance with the Stock Subscription Agreement, E on September 25, 2012, as an internal director, who is the representative of D, resigned from the position of D, E’s spouse F respectively, and on the same day, Defendant B was the internal director who is the representative of D, and Defendant B’s spouse G was the auditor of D.

C. On December 15, 2012, the Plaintiff and Defendant B drafted the “Agreement on Net Profit Distribution following Merger” (hereinafter “Agreement”). On December 15, 2012, the Plaintiff drafted the “Agreement on Net Profit Distribution following Merger” (hereinafter “Agreement”). D., as indicated in the attached Form, as regards the operation, profit distribution, etc. of Defendant B, D, and Defendant C.

D on March 31, 2013, the transfer E and F reported to the competent tax office on March 31, 2013 that E transferred 6,000 shares of D and F transferred 4,00 shares of D to each Defendant B, as of March 31, 2013.

(On the other hand, on February 10, 2014, E filed a report with the competent tax office on the transfer of 4,000 shares of D to F as of January 31, 2013 / [based grounds for recognition] of absence of dispute, entry of Gap Nos. 2, 8, Eul Nos. 1, 17, and 18, and the purport of the whole pleadings, as of January 31, 2013.

2. The parties' assertion

A. The Plaintiff’s assertion 1 against Defendant B was made D at the beginning of the establishment of D as an internal director, the representative of D.

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