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(영문) 전주지방법원 2016.06.14 2014가단29652
주식양도절차이행
Text

1. The defendant shall transfer the shares listed in the attached list to the plaintiff, and enter the attached list to the non-party C.

Reasons

1. The Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff on May 29, 2014 (hereinafter “instant partnership agreement”). According to the above partnership agreement, the Plaintiff and the Defendant shall pay KRW 3.5 billion each of the total project cost, including the alteration of use of the non-party company’s company and the total purchase cost of facility fund collection costs (Article 1). At the same time as the above partnership agreement, the Plaintiff and the Defendant shall contribute the business-related cost of KRW 500 million each (Article 2). The Plaintiff agreed to transfer 50 million shares of the non-party company owned by the Defendant to the Plaintiff where the Plaintiff contributed the business-related cost of KRW 500 million (Article 5), and it is recognized that the Plaintiff did not transfer 10 million shares of the non-party company owned by the Defendant to the Plaintiff under the above agreement, or that the Plaintiff did not transfer 500 million shares of the non-party company’s stocks to the Plaintiff with the entire account number of KRW 10,500 (attached list; hereinafter “instant shares”).

According to the above facts, the defendant is obligated to transfer the shares of this case to the plaintiff and to notify the non-party company that it transferred the shares of this case to the plaintiff.

2. As to the Defendant’s defense, the Defendant: (a) committed an act contrary to the instant trade agreement with the Plaintiff, such as taking a place at which one’s investor or employee was sent to the construction site of the Nonparty Company and participating in the company’s operation and business procedures; and (b) determined that the Defendant could no longer maintain the trade agreement with the Plaintiff; and (c) expressed its intent to cancel the instant trade agreement to the Plaintiff around June 15, 2014.

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