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(영문) 대전지방법원 2017.09.13 2017가단480
주식반환 등
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. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) was established on May 30, 2012. At the time of incorporation, the shareholders on the register of shareholders were the Plaintiff (400 shares), D (700 shares), and E (90 shares), and Defendant B was the representative of the Defendant Co., Ltd.

B. On January 17, 2013, the Plaintiff transferred 200 shares of the Defendant Company (hereinafter “instant shares”) to Defendant B, and entered into an agreement with Defendant B as follows (hereinafter “instant agreement”).

Article 2 Since the transfer price of the instant shares is free of charge, Defendant B does not pay the Plaintiff the share price.

Article 3(1) All rights to the shares of this case shall be exercised by Defendant B, and all rights as shareholders, such as oil and free of charge, dividends, etc. that may arise after the conclusion of this contract shall be exercised by Defendant B.

Article 4 The plaintiff shall notify the defendant company of the transfer and acquisition of shares under the agreement of this case.

Article 5 (1) The Defendant B shall pay to the Plaintiff the entire amount of dividends paid by Defendant B to the Plaintiff when the amount of dividends paid by Defendant B from the Plaintiff is paid from the Defendant Company.

Article 6(3) The agreement of this case shall become effective from the time when a certificate of authentication is drawn up at an office of notary public for this agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion was cancelled or cancelled for the following reasons, and the Defendant B delivered the instant shares to the Plaintiff to its original state, and the Defendant Company is obligated to implement the transfer procedure in the name of the Plaintiff with respect to the instant shares.

Defendant B’s cancellation of the agreement by deception, even if part of the shares of the Defendant Company is transferred from the Plaintiff, has increased its equity ratio by raising its equity ratio in the absence of intent to pay dividends to the shareholders including the Plaintiff, by normally managing the Defendant Company.

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