(영문) 부산지방법원동부지원 2017.05.17 2015가단207312

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(영문) 부산지방법원동부지원 2017.05.17 2015가단207312

주식매매대금

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 4, 2007, the Plaintiff entered into a share transfer contract with the Defendant (hereinafter “instant share transfer contract”) under which the Plaintiff would transfer the management rights of the non-party company to the Defendant through the transfer of shares of Co., Ltd. (Co., Ltd. (Co., Ltd. before the change: hereinafter “Non-party company”) owned by the Plaintiff (hereinafter “instant share transfer contract”), and entered into the following agreement (hereinafter “instant agreement”).

Agreements

1. The plaintiff, who is the current representative director of DD, shall resign from office as the representative director on May 4, 2007, and the director shall resign from office at the time of stock transfer.

2. E shall be appointed as a new executive director of the above corporation.

3. The above E having become a director shall be appointed as the representative director of the juristic person.

4. The defendant shall be appointed as a new executive director of the above corporation.

5. Paragraphs (1) through (4) shall be decided by a resolution of the board of directors.

6. Ten percent (2,00 shares) of the shares of the above legal entity currently owned by the Plaintiff shall be determined as thirty thousand won (30,000,000 shares) and shall be sold to the Defendant.

7. The 10% (2,000 shares) of the shares of the above corporation held by F, a shareholder, shall be set at KRW 30,00,000 and sold to the Defendant; however, the above sale shall be performed under the responsibility of the Plaintiff.

8. A total of KRW 60,000,000 in the purchase price under paragraphs 6 and 7 ought to be paid to the Plaintiff simultaneously with the Defendant acquiring the entire shares of the Plaintiff and F.

B. On May 4, 2007, according to the instant agreement, the Plaintiff resigned from the office of representative director of the non-party company, and on the same day E was the representative director and the inside director of the above company, and the Defendant respectively appointed as the inside director of the above company.

C. Meanwhile, around 2007, F transferred 2,00 shares of the non-party company, which was held in its own name, to G as the Defendant’s spouse, and died. G around that time completed the transfer process for 2,00 shares that were acquired as above.

After that, the defendant, the defendant.

유사 판례

-춘천지방법원영월지원 2014.10.02 2013가합1046

-서울중앙지방법원 2012.11.02 2012고단384

-부산지방법원동부지원 2019.12.17 2018가단207825

-춘천지방법원 속초지원 2018.05.31 2017가합30339

-서울중앙지방법원 2019.05.10 2018나42896