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(영문) 수원지방법원 평택지원 2017.02.15 2014가합9795
주주명부명의개서 말소 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiff A entered into a share swap contract with K on October 29, 2008, as follows: (a) the Plaintiff Company held 300,000 shares of the Defendant Company owned by the Plaintiffs and L Company owned by K (hereinafter “L”) as follows.

3) The Plaintiff entered into a contract to exchange 64,00 shares (hereinafter “instant share swap contract”).

K (K) The duty and rights of shareholders on behalf of the K. K

(A) and A (A) represent the obligations and rights of shareholders of the Defendant Company A.

between the two are agreed as follows. The shares of L (M et al. total of 64,00 shares) owned by K and the shares of the Defendant Company owned by the Plaintiff A [300,000 shares in the name of the Plaintiff and the Plaintiff Company]

(a) The relationship between the two parties, which occurred by investing 960 million won on September 17, 2004, in exchange for a total of 64,000 shares of L owned by K (hereinafter referred to as "value") and 300,000 shares of Defendant Company A (hereinafter referred to as "value of par value") owned by K, shall be liquidated;

B. After the conclusion of this Agreement, by November 15, 2008, K separately prepares a share acquisition agreement as designated and distributed by K, and adjusts its shares.

Article 2 Acceptance K and Defendant Company shall pay 60 million won to Plaintiff A on June 30, 2009 and accept 60 million shares in N’s name.

Article 3. Arrangement of New Convertible Bonds in the Republic of Korea

A. Since the guarantee of payment of KRW 3.5 billion borrowed by the Defendant Company from the New KBBB, the second right to collateral security has been established on the land of the Plaintiff Company, the Defendant Company purchased the land until March 31, 2010 and terminated the second right to collateral security.

B. If the Plaintiff Company sold or sold the land before the transfer or termination of the right to collateral security to the Defendant Company, the right to collateral security should be terminated before the date of sale balance.

2) Pursuant to the share swap contract of this case, on April 30, 2009, 200 million shares of the Defendant Company owned by the Plaintiff A are the Defendant D (13,000 shares) and E (6.0 shares) with K low.

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