(영문) 서울중앙지방법원 2016.11.01 2016가단5010981 (1)

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(영문) 서울중앙지방법원 2016.11.01 2016가단5010981 (1)

증권

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1. The defendant shall appoint the plaintiff as the shareholder with respect to 20,000 shares out of the shares listed in the attached list.

Reasons

1. Facts of recognition;

A. On June 4, 2010, the Plaintiff, along with C and D, established the Defendant and worked as an intra-company director, and retired from office on December 31, 2014.

B. The holding status of the Defendant’s shares is as follows when based on the Defendant’s statement of changes in stocks.

(i) 100,000 gross shares at the time of establishment (in a case where the par value per share is 500,000 common shares).

Of the Plaintiff and D’s shares, 25,000 shares, and 50,00 shares, each of which is 50% of the 25% of the total shares, and 200,000 shares, each of which is 50% of the 50,000 shares, as of July 8, 2010, the Plaintiff and D’s shares as of July 2, 2010, each of which is 25% of the total shares, and 1,00,00 shares, E, 50% of the total shares, are transferred to E) and D’s shares, due to capital increase for 20,00 shares to E’s total shares, among December 22, 2010, 3636% of the shares, 36,636,306,3636,636,300,000 shares, among the existing shares, as of December 26, 2010.

C. On the other hand, around December 2010, the Plaintiff and C entered into a contract for acquisition of shares (hereinafter “instant one contract”) with the following terms and conditions as the seller and C as the buyer.

- Stocks issuing company: Defendant - The total subscription price of 50,00 won per share owned by the Plaintiff - the total subscription price of 25,000 won per share - The date of acquisition of shares: December 15, 2010 - The buyer pays the total subscription price to the seller on the date of acquisition of shares, and agrees to acquire the shares, by paying the total subscription price to the seller on the date of acquisition of shares.

D. In addition, on May 2013, the Plaintiff and C entered into a contract on acquisition of shares (hereinafter “instant two contract”) with the Plaintiff as the buyer and C as the seller. The Plaintiff borrowed KRW 10 million from the Defendant around the 15th of the same month and paid KRW 10 million to C on the 28th of the same month.

- Stocks issuing company: Defendant - the number of subscribed shares: C.

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