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(영문) 서울중앙지방법원 2016.09.20 2013가합554505
주식명의변경절차이행 등
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. To deliver a motor vehicle listed in the separate sheet, from July 15, 2016.

Reasons

1. Facts of recognition;

A. A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) known of C around 2000 and reported the marriage on November 9, 200, and was appointed as the representative director of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) operated by C on the 17th of the same month.

B. On September 13, 2013, the Plaintiff agreed to divorce and division of property by conciliation in the case C and Seoul Family Court No. 2013p.1357, and the main contents thereof are as follows.

1. The plaintiff and C shall be divorced.

2. The Plaintiff and C shall divide their property with the following content:

(3) On June 4, 2013, Defendant National Tax Service’s share of the amount of additional tax pursuant to the National Tax Service’s tax audit should be in accordance with the separate letter of agreement execution.

(4) As of the date the conciliation of the divorce of this case and the division of property is completed, the Plaintiff shall resign from the Defendant’s internal director and representative director, waive all rights related to the said company, and not exercise them, and transfer 222,50 shares (96.74% common shares) issued by the Defendant owned by the Plaintiff to C, and C shall take over all the rights related thereto, including all the rights of the Defendant and shares.

C. On October 23, 2013, the Plaintiff sent to the Defendant a letter of resignation and a certificate of personal seal impression stating that he/she will resign from the Defendant’s representative director according to the above conciliation, and the said mail was served on the Defendant on October 24, 2013.

On the other hand, the Plaintiff currently occupies the motor vehicle indicated in the attached Form (hereinafter “instant motor vehicle”), the Defendant’s corporate seal impression, and the corporate seal issuance card.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the principal lawsuit

A. Since the act of resignation of a representative director of a corporation is solely an act that has the other party, such act becomes effective at the same time when the declaration of intention reaches the other party (see, e.g., Supreme Court Decision 2009Da31260, Sept. 8, 201). The Plaintiff will proceed to divorce with C on Sept. 13, 2013, and resign the Defendant’s representative director.

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