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(영문) 서울중앙지방법원 2019.08.16 2018가단5228618
주식인도등
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. E, which was a joint representative director of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”), was a title trust with Defendant B, who was a joint representative director of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) of 10,115 shares (33.72%) out of 30,000 shares issued by Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”), and 5,185 shares (17.28%) out of the shares issued by Defendant Co., Ltd.,

B. On September 7, 2017, the Plaintiff entered into a contract with Defendant B and C to acquire 15,300 shares in total (a total of 51% shares; hereinafter “instant shares”) and the management right of the Defendant Company at KRW 750 million (hereinafter “instant contract”).

In addition, on September 8, 2017, the Plaintiff paid KRW 750 million for the acquisition price of the instant contract to E.

However, there was no change in the shareholder name of the instant shares on the shareholder registry with the entries as Defendant B and C as before.

C. After entering into the instant contract, the Plaintiff had F manage the Defendant Company as the vice president from October 15, 2017 to October 15, 2017.

On December 2017, there was a dispute between the Plaintiff and E as a matter of the renewal of the loan obligation of financial institutions and the change of the joint and several sureties borne by the Defendant Company.

Accordingly, on December 22, 2017, the Plaintiff and E concluded a contract terminating the instant contract (hereinafter “instant termination contract”).

The main contents thereof are as follows:

The contract for the transfer and takeover contract (D Co., Ltd.) concluded on September 07, 2017 between the representative director E (hereinafter referred to as the "seller") and A (hereinafter referred to as the "Buyer") is to be terminated by mutual agreement between the Parties, and this contract is concluded.

Upon the conclusion of this termination contract, the “D Co., Ltd.” at the time of the seller’s return to the buyer of the amount of the transfer (one hundred million Won/750,000,000) and at the same time at the time of the buyer’s return to the buyer shall be immediately terminated, invalidated, and terminated, and both parties to the contract shall be

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