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(영문) 서울남부지방법원 2019.05.10 2018가합109326
회사에 관한 소송
Text

1. The defendant shall issue and deliver share certificates for the shares listed in the attached list to the plaintiff.

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

Reasons

1. Basic facts

A. On February 15, 2015, the Plaintiff concluded a share sales contract with the Defendant (hereinafter “Defendant”) to purchase shares of 133 shares and 61 shares, as follows: (a) on May 27, 2015; and (b) on December 8, 2016; and (c) on December 8, 2016, the Plaintiff entered into a share sales contract with the Defendant E.

(hereinafter “instant share sales contract”). A share sales contract (a seller C and the Plaintiff) entered into a share sales contract as stipulated under the said contract.

Article 1(Preferred Shares and Amount) Stocks subject to sale are 133 common shares of D, and 665,000 won per share (5,000 won per share).

Article 2 (Liability of Buyer) The buyer shall pay the purchase price to the seller at a time until May 13, 2015, in accordance with the provisions of Article 1.

The buyer shall serve in the related company of the Dispute Resolution D or D for not less than three years, and the buyer shall return the acquired stocks to the seller or a third party designated by the seller at the unit price of acquisition.

1. The number of stocks to be returned shall be limited to the amount calculated by calculating the number of working days and the remaining days, and the number of remaining days among the amounts calculated by calculation;

2. If the number of stocks and the return rate are to be modified and applied in the same proportion according to the ratio of free capital, if any, to be increased without compensation;

Provided, That in the case of a seller's failure to pay working expenses, it shall be determined through mutual consultation.

A share sales contract (seller C and the Plaintiff) shall be concluded as follows.

Article 1(Preferred Shares and Amount) Stocks subject to sale are 61 common shares of D, and sales amount is 305,000 won per share (5,000 won per share).

Article 2 (Liability of Buyer) The buyer shall pay the purchase price to the seller at a time until May 13, 2015, in accordance with the provisions of Article 1.

The purchaser shall serve in the related company of the Dispute Resolution D or D for at least five years, and the purchaser shall acquire the acquired stocks if he/she fails to work (the date of commencement of the work).

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