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(영문) 서울동부지방법원 2020.08.19 2019가합105632
주식양도대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”)’s establishment 1) Plaintiff and D are used cars sales facility businesses (hereinafter “instant business”).

(E) To establish the instant company, a special purpose corporation, and the E (E) in which the Plaintiff served as representative director until the instant company is incorporated.

2) The Defendant, as the internal director of F Co., Ltd. (hereinafter “F”), managed F along with G, the representative director of F. F. F. The F decided to invest KRW 2 billion in the preparation of the instant business and the instant financing for the establishment of the instant company, and was actually incorporated the instant company by contributing KRW 2 billion.

3) The shares of the instant company agreed that H shall own 49% of the shares of H, 36% of the Plaintiff, and 15% of the shares of H, and that F shall own the shares of the instant company, and the Plaintiff was working as the representative director of the instant company at the time of the establishment of the instant company. (B) On September 25, 2017, the Plaintiff prepared a letter of resignation to resign from the office of representative director of the instant company as of September 25, 2017, and prepared a letter of waiver of shares (hereinafter “written waiver of shares”) to waive ownership of 14,00 shares of the instant company held by the Plaintiff as of the same day.

2) On October 12, 2017, the share transfer certificate stating that the Plaintiff would transfer the instant shares to the Defendant in the amount of KRW 720 million for the transfer price (hereinafter “share transfer certificate”).

(ii) was drawn up. [Ground for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, 6, 8, 9 (if any, including a serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion contributed to the establishment of the company of this case.

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