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(영문) 서울중앙지방법원 2016.11.18 2015가단5247403
사해행위취소
Text

1. It was concluded on March 30, 2015 with respect to deposited securities listed in the separate sheet between the defendant and theO.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of Gap evidence Nos. 1, 2, 3-1 through 11, 4, 5, 6, 7, 9, 12, 13, 18, 19, and 19.

The Plaintiffs were the shareholders of Nonparty O Co., Ltd. (hereinafter “Nonindicted Company”). On December 27, 2013, Nonparty Company (hereinafter “Nonindicted Company”) held a provisional shareholders’ meeting to transfer part of the business to the Defendant, and exercised the appraisal right of the opposing shareholders under the Commercial Act.

B. While the dispute remains because the non-party company did not pay each share purchase price to the plaintiffs, the non-party company and the plaintiffs concluded the following agreements:

(1) On June 12, 2014, Nonparty Company and Plaintiff L entered into a share swap contract with the following [Attachment 1].

(hereinafter referred to as the “instant exchange contract”). The share swap contract was made in order to transfer on March 10, 2016 of the shares held by the non-party company (hereinafter referred to as “A”) the shares released from the protected deposits to the Plaintiff L (hereinafter referred to as “B”) and to transfer the shares of the non-party company owned by the non-party company B to Company A.

Article 2 (Exchange of Stocks) (1) A shall transfer to B the Defendant’s shares as follows, and B shall take over them:

1. Class of shares: The common shares of the defendant (the face value of 100 won);

2. Face value per stock: Closing on March 31, 2015;

3. Number of transferred stocks: The number calculated by dividing the acquisition price for the stocks referred to in subparagraph 4 by the acquisition price for stocks referred to in subparagraph 2.

4. The amount of share acquisition: 750,000,000 won (2) Eul shall transfer the shares of the non-party company to Gap as follows, and Gap shall take over them:

1. Class of shares: Ordinary shares of the non-party company (500 won per par value);

2. Face value per stock: 4,637 won;

3. The number of transferred stocks:

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