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(영문) 수원지방법원 2015.11.10 2015가단115554
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On or before April 6, 2012, the Plaintiff and the Deceased, and ① to the Deceased, the amount of KRW 60 million out of KRW 150,000,000,000 necessary for the Plaintiff’s participation in capital increase with capital increase, shall be set at the end of December 2012 and interest rate of KRW 10% per annum. ② By the end of December 2012, the Deceased: (a) sold real estate (E apartment) owned by the Deceased’s spouse; and (b) repaid the amount of KRW 60,00,000; and (c) on April 6, 2012, the Plaintiff paid the Deceased the remainder of KRW 90,000 necessary for the Deceased’s participation in capital increase with the right to participate in capital increase; and (d) at the time of listing the shares allocated to the Defendant KOSDAQ, the Plaintiff entered into a contract for compulsory protection of the Plaintiff’s right to KRW 90,000,000,000 for shares and shares to the Plaintiff.

On March 2013, the Plaintiff heard the end that the Plaintiff deposited the investment money from the Deceased, and paid KRW 50 million to the Deceased on the 12th of the same month.

On December 5, 2014, the Plaintiff prepared “a certificate of recognition of ownership and a certificate of delivery (Evidence No. 4) of the portion expected to be distributed to the Plaintiff,” stating that “The Plaintiff’s stock listing plan of the Defendant Company is not determined and the Plaintiff’s emotional apprehensions about the recovery of the investment amount is not possible until the listing due to death, etc.) in the state that the Plaintiff caused psychological apprehensions about the recovery of the investment amount,” with respect to the amount expected to be apportioned to the Plaintiff’s proxy, and that “if the Deceased continues to work until the listing date, the Plaintiff will deliver to the Plaintiff the share certificates of an amount equivalent to the Plaintiff’s investment amount, equivalent to the amount of the Plaintiff’s share allocation to the Plaintiff” (Evidence No. 4).

The Deceased on April 6, 2012 is the Defendant.

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