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Reasons
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(영문) 서울동부지방법원 2020.01.16 2019가합103759
명의개서절차이행 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation C (hereinafter “C”).

(2) The Defendant received shares from D, and is currently in-house directors of C.

B. (1) On March 24, 2018, the Defendant entered into a share sales contract, etc. (hereinafter “instant shares”) with D as indicated in the separate sheet (hereinafter “instant shares”).

2) The sales contract was concluded to purchase and purchase shares (hereinafter “instant shares sales contract”).

The main contents are as follows. Article 1 (Sale Subject Matters) The par value of the number of stocks representing the name of stocks shall be 15,000 common stocks C, Article 2 (Sale Price) 100,000,000 (the defendant under the terms of payment of sale price), Article 3 (the defendant under the terms of payment of sale price), after entering into a contract for the purchase price under Article 2, shall pay the down payment of KRW 10,000 on March 26, 2018 to the account of D; and

3. Any balance of 30.0 million won shall be deposited.

2) On March 24, 2018, the Defendant entered into a share transfer and acquisition agreement with D to acquire the instant shares on March 31, 2018 (hereinafter “instant share transfer and acquisition agreement”).

(3) According to the instant stock sales contract, the Defendant paid D KRW 10,000,000 on March 26, 2018, and KRW 90,000,000 on March 30 of the same month, respectively.

4) The Defendant is the internal director of C on April 4, 2018, and the Defendant’s wife was appointed as the auditor, respectively. 5) The total number of stocks issued as of March 11, 2019 is 30,000 shares, and E holds 2,00 shares, the Plaintiff’s 13,000 shares, and the Defendant holds 15,00 shares.

C. The Plaintiff’s payment of money to the Defendant and the Defendant’s deposit 1) The Plaintiff paid KRW 1,00,000 per month to the Defendant from April 2018 to March 2019. 2) The Plaintiff wired KRW 1,00,000 to the Defendant on March 26, 2019. On March 28, 2019, the Defendant deposited KRW 100,000 with the deposited person as the Plaintiff on March 28, 2019.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff on January 2018.

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