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(영문) 광주지방법원 2015.10.07 2013가단38911
사원권양도
Text

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

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

Reasons

1. Basic facts

A. On December 27, 2010, the Plaintiff and D entered into an agreement on the transfer and takeover of equity (hereinafter “instant first agreement”) with the Defendant limited liability company E, the spouse of Defendant B, to sell 51% totaling 25.5% of the shares of the Defendant limited liability company C (hereinafter “Defendant limited liability company”), and agreed as follows:

(The actual right holder with respect to the seller’s share in the employee registry of the Defendant Company was F and D’s father. The buyer changed the Plaintiff’s right to the share purchased on the employee registry of the Defendant Company to the name of the Defendant B after the above contract. [The content of the agreement] (the acquisition price) deposit is KRW 120 million, and the down payment is KRW 582,312,974 (hereinafter “the instant loan”) by August 31, 201, the sum of the loans indicated in the attached Form (Omission) will be repaid until August 31, 2011.

Plaintiff

The amount deposited as down payment shall be used for the repayment of the loan of this case.

Three persons shall consult about the acquisition price of the special agreement even if the repayment of the loan is not completed.

B. At that time, E paid the down payment of KRW 120 million as stipulated in the instant contract No. 1.

C. On September 1, 201, the Plaintiff sent to Defendant B a certificate of content stating the cancellation of the instant contract on the ground of the Defendant’s nonperformance of obligation. D.

On the other hand, on June 5, 2012, the Plaintiff filed a lawsuit claiming the transfer of employee rights against the Defendants to the same purport as the purport of the claim of this case on the ground of the cancellation of the above contract.

(Initial Gwangju District Court 2012Kadan31265, however, Jeonju District Court 2012Gadan2882 was transferred to Jeonju District Court 2012Gadan2882, and after the decision of the financial agreement, Jeonju District Court 2012Gahap370.

During the process of the lawsuit, F entered into a contract with E to purchase the instant equity interest again from December 6, 2012 (hereinafter “instant contract”).

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