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(영문) 서울고등법원 2016.02.18 2015나2010866
주식반환청구권 확인의 소
Text

1. The shares listed in Section 1 of the Attached List among the lawsuits of this case that are changed in exchange at the trial.

Reasons

1. Basic facts

A. The status of the parties 1) The F Co., Ltd. (mutual name was changed to P on April 20, 2015).

"F" in total before and after the change of trade name;

[1] The purpose of this Act is to manufacture and sell automobile parts established in around 1991, as a company with a view to manufacturing and selling automobile parts, and approximately 20 years old parent company and Mandodo Co., Ltd. (hereinafter “Mado”).

(2) As of July 25, 2013, the Plaintiff, as a shareholder holding 100% (50,100 shares) of F issued stocks as of July 25, 2013, held 50,000 shares in the name of the Plaintiff, and 100 shares in title trust in the name of representative G in the Republic of Korea under the name of the Plaintiff’s Republic of Korea.

(The above shares are identical to the shares listed in attached list No. 1; hereinafter “Plaintiff-owned 50,100 shares”) 3) Defendant B Co., Ltd. (hereinafter “Defendant B”).

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

F) The F’s 56,00 shares (Defendant B’s 51,00 shares, Defendant C’s 5,000 shares, and the said shares are equal to those listed in Annex B(2) of the Schedule; hereinafter “instant shares”) by participating in F’s allocation of capital increase with capital increase to a third party on July 26, 2013.

B) The F acquired the F’s management shortage and sales negotiation 1) Plaintiff’s major shareholder H (hereinafter “I”) acquired F’s shares and management right on November 2009. After F’s acquisition of F’s shares and management right, F’s level of corporate credit was rapidly reduced, such as seizure and provisional seizure of sales claims, while entering into various legal disputes related to I, and F’s request for commencement of the workout program from Busan Bank, a principal bank, Busan Bank, which was the principal bank, around October 201, and then current account transactions from Korea Exchange Bank were faced with managerial difficulties, such as receiving a request for provision of collateral due to the first default.

2. Accordingly, the plaintiff was examined the way to sell the F-Issuance of Stocks, and the JJ, the representative director of F, was related to the delivery and acceptance of the F-issuance.

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