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(영문) 춘천지방법원원주지원 2016.09.08 2015가합6452
손해배상(기)
Text

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

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

Basic Facts

E was a person who served as the representative director of the Defendant Company and died on April 3, 2014, and the inheritor is the Plaintiff’s Intervenor (hereinafter “ Intervenor”) and the Plaintiff and F, who are children.

Article 2 (Transferable Stocks and Amount of Transfer)

1. Class of stocks: Registered common stocks issued by D Co., Ltd. (hereinafter referred to as "company");

2. The number of transferred shares: 1,668 shares.

3. Par value per share: Geumcheon-gu, Mancheon-gu,00 won (95,924 won).

4. Amount of transfer: Article 3 (Payment of Price) of the daily detention (160,000,000 won).

1. The transferee shall pay the transferor a total of KRW 160 million on April 25, 2014 through November 25, 2020 each 80 million on 25th day of each month.

Article 6 (Termination of this Agreement)

1. When the payment of the price pursuant to Paragraph 1 of Article 2 above has been delayed for not less than three months, the transferor may request the return of the shares of the company, and the transferee shall return the shares of the company without delay and the contract shall be terminated.

In such cases, the transferor shall not return the price received.

2. Where a contract is terminated pursuant to the above paragraph, if the transferee is unable to return the property or claim of the transferee due to such reasons as the transferee does not hold the shares of the company, the transferor may seize the transferee's property or claim, and the transferee may exercise his/her rights to the shares of the company.

On April 21, 2014, an intervenor entered into a share transfer agreement with Defendant C with the following terms and conditions:

(hereinafter referred to as “instant contract”). [The grounds for recognition] The instant contract has no dispute, and the written evidence Nos. 1 and 2, the Plaintiff’s assertion of the purport of the whole pleadings, as a whole, has no effect on the following grounds:

The 1,668 shares of the Defendant Company, which is the subject of the instant contract, were owned by E, not the Intervenor, but the Intervenor, the Plaintiff, and the F, upon the death of E.

Therefore, among the contracts of this case, the remaining shares except 715 shares inherited by the Intervenor.

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