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(영문) 서울고등법원 2016.10.27 2015나2066289
주식반환 등
Text

1. The judgment of the first instance court, including a claim added or expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The relationship between the parties 1) around 1961, F had 4 South and North Korea women, such as I, J, Defendant, K, and L, between the previous wife H in 1961, and had 2 South and North Korea women, including E, N, andO, between the wife M in 1962 and the wife M. (2) The Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) was established on November 7, 1998 for the purpose of telecommunications equipment (tel call, outside of radio call calls), wholesale and retail business, petroleum sales business, real estate rental business, etc.

E and N have been working as a director and an respective representative director of the Plaintiff Company since its incorporation, but E had resigned from office director and representative director of the Plaintiff Company on September 12, 2013, and N has been working as a sole representative director of the Plaintiff Company from around that time.

B. As to the transfer of shares listed in the Attachment 1, the Defendant and E are the P Co., Ltd. (hereinafter “P”) on December 20, 2004

B) As between P and Q Co., Ltd. (hereinafter “P”) owned by P.

(2) Of the 69,00 common shares of issuance, the Defendant and E concluded a share sales contract with the effect that they would purchase the remainder of KRW 13,800 among the above common shares in KRW 32,20,000,000, and that they would pay the above price to P by January 28, 2005 (Evidence B). However, until October 2005, the Defendant paid only the price of KRW 62,76,377, E, KRW 15,691,594, and did not pay the remainder of the price to P on October 11, 2005, the Defendant and E again concluded the agreement with P on October 11, 2005, KRW 13,80,000,000 among the above common shares in KRW 80,080,000,000,000,0000.

(No. 6). The main contents of the above additional agreement are as follows:

Article 1 (Purpose) This Agreement shall aim to determine the implementation of the terms and conditions between the parties to the agreement in accordance with the partial amendment of the terms and conditions of the original agreement.

Article 2 (P, hereinafter the same shall apply) A (the subject matter of sale) shall be possessed by A.

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