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(영문) 대전지방법원 2016.01.19 2014가단211111
주식양수금청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) was established on July 25, 2003 for the purpose of the automobile maintenance business, etc., and Defendant B was in office as the representative director from the establishment of D to the date of its establishment, and Defendant C, a dependent on Defendant B, was registered as D’s director from September 12, 2005, and was registered as the internal director from March 31, 2009 to the date.

B. The Plaintiff was registered as a director from the time of establishment of D until October 26, 2005.

C. On July 25, 2003, 1,500 shares out of the total number of 5,000 shares issued at D's incorporation, and 1,890 shares out of the total number of 9,00 shares issued at the time of capital increase on September 15, 2005 were subscribed and purchased in each of the plaintiffs' names.

On September 5, 2005, the purport that the Plaintiff transferred 450 shares of D to Defendant C in KRW 10,000 per share (hereinafter “the first share transfer contract”) and that the Plaintiff transferred 2,940 shares of D to Defendant B in KRW 10,000 per share (hereinafter “the second share transfer contract”) were drafted on January 11, 2006 each of the share transfer contract (hereinafter “the second share transfer contract”) with the content that the Plaintiff transferred 450 shares of D to Defendant C in KRW 10,00 per share, and accordingly, the share transfer contract was converted to all of the Defendants’ shares of KRW 3,390 per share under the name of the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap 2, 3, and 4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not transfer the Plaintiff’s D shares to the Defendants, and each of the instant share transfer contracts was forged.

The Defendants forged each of the instant shares transfer contracts, thereby illegally taking the Plaintiff’s shares 3,390 shares into account.

Therefore, Defendant B is liable to compensate the Plaintiff for damages of KRW 29,40,000 per share ( KRW 10,000 per share x 2,940); Defendant C is liable to compensate for damages of KRW 4,50,000 per share ( KRW 10,000 per share x 450).

B. When Defendant B’s assertion was established by the Defendants, directors, shareholders, etc. at the time of establishment.

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