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(영문) 제주지방법원 2016.04.22 2014가단12224
주식반환
Text

1. The plaintiff's main claim is dismissed.

2. Defendant B: (a) KRW 45,000,000 on September 4, 2014 to the Plaintiff; and (b)

Reasons

Facts of recognition

On March 7, 2013, an independent party intervenor who entered into a contract for the transfer of a corporation by the defendant B and the independent party intervenor (hereinafter referred to as the "participating") entered into a contract with the defendant B and the representative director of the defendant company, stating that "6,000 shares of the defendant company owned by the defendant company B (60%) and 4,000 shares of the defendant company owned by the defendant company E (40% out of all the shares of the whole defendant company) shall be transferred to KRW 700 million (hereinafter referred to as "the contract for the transfer of the corporation of this case"), and the transfer of ownership is completed in the name of the intervenor on November 6, 2013.

1) On February 28, 2013, the Plaintiff and the Defendant Company entered into a share transfer contract between the Plaintiff and the Defendant Company (hereinafter “instant share transfer contract”) with the content that if the Plaintiff did not report the change of address to the Plaintiff by February 28, 2013, the Plaintiff deposited KRW 5 million with the Jeju District Court and notified the Plaintiff of the report on change of address to the effect that the share certificates will be suspended. 2) Thereafter, on April 23, 2013, the Plaintiff entered into a contract with the Defendant Company Common Shares (hereinafter “instant share transfer contract”) to transfer the shares to the Defendant Company B (hereinafter “instant share transfer contract”), and on the same day, the transfer contract was concluded to the effect that “The Plaintiff paid the above amount to the Plaintiff in full,500,000 won per share transfer, and the total amount of shares to be transferred,” and that Defendant B, as the representative director of the Defendant Company, as the Defendant Company and the representative director of the Defendant Company, would pay KRW 4,500,00.

3) On April 23, 2013, Defendant B drafted a letter stating that the legal dispute arising from the transfer of the instant shares is responsible for Defendant B to the Plaintiff. [Grounds for recognition] The fact that there is no dispute, Gap’s 1 through 3, 6, Byung’s 1, 2, 4, 5, and 9 (each of the entries and arguments, including virtual numbers, are included).

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