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(영문) 서울중앙지방법원 2016.10.07 2015가단5336990
주주권확인 청구의 소
Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet between the Plaintiff and Defendant C.

2. Defendant.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant Company”) is a corporation established for the purpose of advertising and advertising agency business, and software production and development business. Defendant C is its representative director, and the Plaintiff was employed by the Defendant Company on July 2014 and was appointed as an intra-company director around August 5, 2015.

B. Preferred Stock Investment Contract 1) Defendant Company decides to issue priority shares as part of financing required for running its business, and Nonparty D and E Co., Ltd. (the transferee of all the shares of Defendant Company issued up to the time, and hereinafter the above two companies collectively referred to as “investors”).

) The Defendant Company and investors and interested parties C, the Plaintiff, Nonparty A, and F (hereinafter referred to as “interested parties”) decided to invest in the Defendant Company by acquiring the above priority shares. To this end, the said four persons are “interested parties.”

Around March 30, 2015, a preferential stock investment contract (hereinafter referred to as “instant investment contract”) is deemed to be an investment contract.

The interested parties in Article 10 (Disposal of Stocks by Interested Parties) have entered into a contract. Except as otherwise expressly provided in this contract, the interested parties may dispose of the shares of the Defendant Company, which they hold with the prior written consent of the investor, to a third party, such as transfer, offering of security, etc.: Provided, That the interested parties may dispose of the shares in accordance with the restrictions provided in Articles 11 and 12, without the prior written consent of the investor.

1. An interested party shall, where he/she intends to transfer his/her own stocks to a third party, notify in writing the investors and the remaining interested parties thereof not later than two months prior to the scheduled date of transfer, by specifying the purport that the stocks to be transferred are to be transferred, information on the third party, the number of stocks to be transferred, the per share transfer price, the scheduled date of transfer and other important conditions of transfer

2. Investors and.

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