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(영문) 서울고등법원 2017.07.21 2016나2061984
주식매수대금청구의소
Text

1.(a)

The part of the judgment of the first instance against the conjunctive defendant shall be revoked.

B. Preliminary Defendant 20,000.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs an investment advisory business, etc., and the Plaintiff is a stock company A (hereinafter “A”).

(D) On March 4, 201, 201, a company engaged in allus or manufacturing business, etc., D (hereinafter referred to as “D”).

A was divided and established in a company. On April 17, 2017, A was declared bankrupt by the Gwangju District Court, and the main defendant was appointed as a trustee in bankruptcy and succeeded to the status of the said company. 2) Preliminary defendant was employed as the representative director of the said company from the time of its establishment to October 15, 2014, and D was employed as the representative director of the said company since its establishment.

B. On December 12, 2013, the Plaintiff and A entered into a new acceptance contract with the Plaintiff and A, the Plaintiff and A are 15,000 shares of registered ordinary shares (the face value of KRW 5,000; hereinafter “instant shares”).

(1) The Plaintiff entered into a new shares subscription contract (hereinafter “instant new shares subscription contract”) with the Plaintiff to acquire KRW 540,000,000 per share price of KRW 36,000 (hereinafter “instant subscription price”).

Article 3 (Matters concerning Request for Purchase) (1A representative director shall comply with the request for purchase by the plaintiff when any of the following matters arises:

Where a company is sold to another person through transfer or M&A of at least 50 percent of the total equity interest of the representative director of the holding company;

B. In the event that “A” is invested in the amount below the average acquisition value of the shares of this case, Article 4 (Request for Purchase and Purchase Methods) (1) The Plaintiff must make a written request for purchase in the event of the occurrence of the matters falling under Article 3.

(2) The representative director A shall purchase within three months from the date of the Plaintiff’s request for purchase, and shall purchase at the increase of 3% per annum of the value of subscription.

2) According to the instant new shares subscription contract, the Plaintiff may claim the purchase of the instant shares where certain grounds arise. The main contents related thereto are as follows. 3) The Plaintiff is the instant new shares subscription contract.

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