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(영문) 청주지방법원 영동지원 2018.12.19 2017가합45
주주명의개서 등
Text

1. It is confirmed that the shareholder of the shares listed in the separate sheet is the Plaintiff.

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

Reasons

1. Facts of recognition;

A. C (the trade name before the change is D Co., Ltd.; hereinafter “C”) was established on November 13, 2007, and E was appointed as the representative director on October 7, 2008.

B. The common shares issued by C are 210,000 shares, and around July 2013, E, as shareholders, held 105,00 shares, F, and G, 2,500 shares, H, 60,000 shares, and 40,000 shares, respectively.

C. On July 12, 2013, the Plaintiff and J drafted a written agreement to sell shares to a person designated by the Plaintiff upon delegation by the J from the shareholders of C.

The letter of agreement was accompanied by a letter of delegation with the effect that E, F, G, H, and I delegates the sale of C shares to J, and a certificate of transfer of shares and a certificate of seal impression with the content that the said seller transfers all of the shares held.

Since then, the Plaintiff each designated or transferred 84,000 shares of 210,000 shares that were acquired by the Plaintiff to J, and 63,00 shares of 30% to the Defendant.

E. Meanwhile, the J was appointed as the representative director of C on July 23, 2014, and E completed the registration of retirement of the representative director on July 24, 2014.

F. On August 28, 2014, the Plaintiff, the Defendant, and the J drafted a joint management agreement (hereinafter “instant agreement”).

The main contents thereof are as follows:

In managing a joint management agreement 1, the defendant and the J shall jointly assume office as joint representatives and jointly distribute profits generated by joint management.

(2) Shares shall have 40% J and 30% each of the plaintiff and defendant, and the distribution of profits shall also be the same ratio.

(3) The defendant and J shall have 50:50 of the total shares.

For smooth management, the defendant and J shall report shares to 50:50 and shall be appointed as a joint representative director, and the officers (director) shall be registered as 50:50.

(4) The defendant shall deposit the amount of KRW 120 million into the corporate passbook account by August 29, 2014.

The defendant shall be appointed as a joint representative director at the same time as deposits, and the directors shall also take office.

(5) The defendant shall be until September 19, 2014.

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