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(영문) 서울중앙지방법원 2015.12.18 2015가합538422
주주권확인등
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Attached Form

It is confirmed that the shareholder's right to the stated shares is the plaintiff.

Defendant C is the Plaintiff.

Reasons

Basic Facts

Defendant C (hereinafter “Defendant C”) is a stock company that operates indoor construction, electric installations construction business, etc., and Defendant C is a beneficial owner that owns all of 70,000 shares (one share amount of KRW 5,000, common share) issued by Defendant C.

Defendant C’s register of shareholders states that Defendant B holds approximately 15,000 shares ( approximately 21.43% each), respectively, ( approximately 35.71%), D, E, and F.

On April 22, 2015, the Plaintiff entered into a share acquisition agreement with Defendant C to acquire management rights and shares of KRW 70,000 (100%) from Defendant C to KRW 500,00,000 of the shares issued by Defendant C (hereinafter “instant share acquisition agreement”). Defendant C participated as the guarantor of the instant contract. At the time, Defendant C signed and sealed the instant share acquisition agreement as the representative director of the Defendant C, the transferor and the guarantor, and Defendant C signed and sealed the said agreement (hereinafter “A”) but, in fact, only the Plaintiff was affixed with the address of the transferee, and the address of the transferee was written only by the Plaintiff. In light of the above, it is reasonable to deem the transferee of the instant share acquisition agreement as the Plaintiff). The main contents of the instant share acquisition agreement are as follows.

(B) In light of the terms and conditions of the contract, the share certificates are not issued in the case of Defendant C. The subject matter of the contract, such as the subject matter of transfer of Article 2 of the contract, is the subject matter of management rights and 70,000 shares of registered common shares (100% of the total shares issued).

Article 5. The total amount of transfer proceeds shall be KRW 500,000,000 ( KRW 500,000).

Article 6 Method and Time for Payment of Price by Transfer

1. From among the proceeds of transfer, KRW 20,000 ( KRW 20,000,000) shall be paid in cash on the contract date as down payment;

2. The first.

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