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(영문) 대구지방법원 서부지원 2018.11.15 2018가단55927
주식인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 16, 2016, the Plaintiff drafted a performance agreement with C Co., Ltd. (C Co., Ltd. (hereinafter “C”) (hereinafter “instant performance agreement”) and the implementation agreement (hereinafter “instant performance agreement”). The main contents are as follows.

The relationship between the Plaintiff and the Plaintiff’s maintenance of its incumbent status and the direct acquisition and management of which is not due;

1. In case of business support (loan, etc.), C shall make an agreement on transfer of 15% of the company’s stocks to the Plaintiff (excluding business promotion expenses), wages, etc.;

2. At the time of acquisition of a company (E, etc.), C shall additionally transfer 15% (Joint 30%) to the Plaintiff;

3. The Plaintiff’s business, government policy-related, and promotion of listing business

B. On March 30, 2016, the Plaintiff drawn up a C and a certificate of confirmation (hereinafter “instant certificate”), and the main contents are as follows.

C Based on the implementation agreement entered into between C and the Plaintiff (C March 2016), as a relationship in which the results of the recent business are added, C pays 30% of the C equity to the Plaintiff, and its effect is effective together with the preparation of this certificate, and it is transferred to the Plaintiff or the Plaintiff designated by the Plaintiff immediately upon the

When there is a change in the share of capital increase, etc., the same ratio shall be changed and the written execution agreement shall be added as follows:

- - Future -

1. The deadline for affairs of the above performance agreement shall be two years, and where there is no result, the shares shall be returned;

Provided, That in the case of the internal problem in C, it shall be natural and shall be determined whether to extend the additional by a separate agreement at the maturity.

2. In principle, expenses, salaries, etc. shall be determined at the Plaintiff’s request and supported by mutual agreement between C and the Plaintiff.

3. Business issues are determined by agreement, and financial related affairs are conducted by C with consent of C to the decision of the Plaintiff.

C. On May 1, 2017, the Plaintiff filed a lawsuit against C and the Defendant seeking implementation of the transfer procedure for the shares issued C based on the instant implementation agreement and the certificate of confirmation. On October 18, 2017, the Plaintiff withdrawn the lawsuit against the Defendant and the Daegu District Court on November 30, 2017.

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