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(영문) 대구지방법원서부지원 2017.11.30 2017가합50755
주식명의개서절차 이행청구 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 16, 2016, the Plaintiff and the Defendant (former: C Co., Ltd.) drafted a performance agreement with the following content (hereinafter “instant performance agreement”).

(hereinafter “A” refers to the Defendant; “B” refers to the Plaintiff; and “B” refers to the Plaintiff; and “B” refers to the relationship in which the direct acquisition and management is not good as it maintains the incumbent status.

1. In case of management support (loan, etc.), Gap shall make an agreement payment, such as transfer of 15% of the company's stocks to Eul (excluding business promotion expenses);

2. Upon accepting a company (D, etc.), A shall additionally transfer 15% (joint 30%) to B.

3. The Plaintiff’s business, government policy-related, and promotion of listing

B. On March 30, 2016, the Plaintiff and the Defendant drafted a certificate of confirmation as follows (hereinafter “instant certificate”).

(hereinafter referred to as “A” is based on the implementation agreement entered into with “A” and “B” and “B” respectively. Based on the implementation agreement entered into with “A” and “B” (C. 3. 2016), “A” shall pay the same 30% interest in the dispute settlement agreement to “B” and its effect takes effect together with the preparation of this certificate and transfer it to “B” or to the person designated by “B” immediately upon the request of “B”.

When there is a change in the share of capital increase, etc., the same ratio shall be changed and the written execution agreement shall be added as follows:

- - Future -

1. The deadline for affairs of the above performance agreement shall be two years, and where there is no result, the shares shall be returned;

Provided, That in the case of internal issues in the Bank of Korea, the additional extension shall be extended natural, and shall be determined by a separate agreement at the maturity.

2. In principle, expenses, salaries, etc. shall be determined at the request of Section B and shall be supported by mutual agreement with Section A.

3. Business problems shall be determined by agreement and financial related affairs shall be subject to the consent of Party B.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is between the Defendant and the Defendant, who had been suffering from an insolvent financial situation at the time of March 2016.

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