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(영문) 서울중앙지방법원 2020.11.04 2020가합538839
투자금상환
Text

At the same time, the defendant has received a declaration of transfer from Nonparty C on 10,000 shares listed in the separate sheet.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a corporation established on July 18, 2012 for the purpose of packing construction business, etc., and C is registered as a inside director and a representative director in the register from the time of the Plaintiff’s establishment to the date of its establishment.

(2) On January 14, 199, Defendant (D Co., Ltd.) is registered as a stock company established for the purpose of soil construction business on January 14, 199 as KRW 10,00, the total number of issued and outstanding shares is KRW 90,000, the total number of issued and outstanding shares is KRW 90,000, the capital is KRW 900,000.

B. On May 4, 2011, C entered into a contract between C and the Defendant with the content that C will acquire the instant shares by investing in the Defendant’s technology and patent-related projects, and that it will take over the instant shares (hereinafter “the primary contract”). Of them, the parts related to the instant case are as follows.

The contract D(State) E representative director (the defendant, hereinafter referred to as "A") and C(hereinafter referred to as "B") shall enter into a contract on the basis of mutual trust as follows:

Article 1 (Purpose of Contract) The rights and responsibilities of “B” and “B” for equity investment in “B” as well as for “A”’s technology and for “A” and for “A” and for “B” for a project using patents (hereinafter “project”).

Article 2 (Payment of Contract Deposit and Equity Investment) “B” is to pay KRW 200,000,000 for the contract deposit at the same time as this contract is the equity investment deposit with “A”, and the equity investment principle agrees as follows:

The capital of “A” is the total amount of KRW 900,000 as of the date of conclusion of the contract, and the face value per share is KRW 10,000,000 per share, and the total number of shares is KRW 90,000 per share.

A shall transfer 10% of the equity of A (based on the contract date) to B.

1) The criteria for the transfer of shares are KRW 100 million per 1% (900 shares) per 1% (e.g. u. 100,000,000), and “B” until the end of May, 2011 shall take over 5% of the shares of “A” by investing KRW 500,000 ( u. 500,000,000) first.

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