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(영문) 청주지방법원 2019.02.20 2017가단106794
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 114,962,40 and 5% per annum from September 22, 2017 to February 20, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition of shares and appointment of representative director are 1) B Co., Ltd. (hereinafter “instant company”).

(2) The Defendants and three (29) shareholders, both of whom were employees and shareholders, (29).

Of them, the number 1 to 26 are the Defendants of this case.

hereinafter the same shall apply.

B) From July 6, 2009 to August 22, 2011, between the Plaintiff and the Plaintiff, the aggregate of 30,383 shares of the instant company held by the Defendants and three other parties at the time (as stated in the original share column in attached Form 2).

This was 29% of the total issued shares 104,720 shares.

hereinafter referred to as “instant dispute shares”

(2) The Plaintiff prepared a sales contract stating that the Plaintiff would sell the pertinent shares to the Plaintiff. At the same time, with respect to the payment of the purchase price of the said shares, the Plaintiff prepared a loan certificate to the effect that the Plaintiff, other than the Defendants, would pay and promise to pay all or part of the purchase price at a certain point in the future. (2) As the transfer of ownership to the shareholders’ list of the instant company is completed due to the completion of the transfer of ownership to the shareholders’ list of the instant company, the Plaintiff, along with the shares already owned by the Plaintiff and shares

3) Meanwhile, the Plaintiff was appointed as the representative director of the instant company on March 18, 2010, but retired on March 18, 2013 due to the expiration of the three-year term of office, but the Plaintiff did not complete the registration of retirement. On April 18, 2013, the Plaintiff was appointed as the representative director again on April 18, 2013, and completed a new registration of retirement simultaneously with the registration of retirement on the same day. (B) The Defendants, other than the Defendants, and three other parties, began to assert that they denied the said share sale since it was long after the preparation of the said share sale contract.

In other words, the defendants et al., "the above transfer of title is only based on the stock title trust agreement between them and the plaintiff, not based on ordinary stock trading."

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