(영문) 대구지방법원 2014.02.13 2013가합8223

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(영문) 대구지방법원 2014.02.13 2013가합8223

부당이득금 등

Text

1. All of the Plaintiff (Counterclaim Defendant)’s principal claim and the Defendants’ counterclaim claims are dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the ordinary passenger car business, etc., and the Defendants are those who acquire and hold each of 20,000 shares of the Plaintiff pursuant to the following agreement.

B. At the time of around 2001, the Plaintiff: (a) transferred management rights to employees; (b) as the employee stock ownership association managing the company by becoming the employee; (c) entered into an agreement with the Defendant B on July 13, 2005 with the following contents (hereinafter “instant agreement”); and (d) as a result, the Plaintiff entered into an agreement with the Defendant B on July 13, 2005 (hereinafter “instant clause”).

The Plaintiff (hereinafter “A”) and the Defendant B (hereinafter “B”) enter into a contract for stock sale as follows:

1. B shall purchase 40,00 shares of Party A.

Of the total 132,812 shares, 40,00 shares held by employees shall be purchased, and the price shall be 5,000 won per share.

The name of the purchaser shall be determined by C and B (Defendants).

2. The above share price shall be deposited into the account of Gap on July 14, 2005. (a)

The transfer of the name of purchased stocks shall be completed by September 30, 2005.

(b) If shares are not to be transferred, the above amount of shares (200 million won) shall be immediately refunded and the interest equivalent to 20 percent per annum shall be calculated on a daily basis.

3. The shares (the shares acquired due to the employee's retirement) currently held by A and the shares to be held in the future shall not be transferred to a third party.

The shares shall have the right to purchase them if they wish to purchase them.

At this time, the amount per share shall be determined by the appraisal of assets, and shall be 5,000 won. If the shares are sold to a third party, the amount calculated by Gap as 5,000 won per share shall be paid as penalty.

4. In the case of paragraph 3, the amount of KRW 400 million required for this year - KRW 100 million on July 28, 2005, KRW 100 million on September 14, 2005, KRW 100 million on October 14, 2005, KRW 100 million on October 14, 2005, and KRW 100 million on November 14, 2005.

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