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(영문) 수원지방법원 성남지원 2018.04.17 2017가합724
주식반환 및 대표이사업무정지
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that performed agency services related to the apartment construction project of the Sinyang-gu District Housing Association C in the Sinyang-si District Housing Association. The Plaintiff was a shareholder who owned all 10,000 common shares of the Defendant.

B. On November 2016, the Defendant agreed to transfer the Plaintiff’s stocks and the Defendant’s business rights to E, etc., and concluded the following agreements with the Plaintiff on November 1, 2016 (hereinafter “instant agreement”).

The representative director F of the defendant representative F shall recover and return the shares of the plaintiff where the new representative director fails to deposit the amount of KRW 2 billion in the corporate account until the representative director is changed for the business of the D area.

C. On November 2, 2016, the following day, a share acquisition contract was concluded between the Plaintiff, G, and E to transfer the shares listed in the separate sheet (hereinafter “instant shares”) at KRW 45 million.

Specific details are as follows:

The Plaintiff, buyer, and E enter into a share acquisition contract under the following conditions:

Article 1 (Purpose) This Agreement aims to acquire shares owned by the Plaintiff G and E.

Article 2 (Subject Matter and Conditions) The objects and conditions of this Agreement shall be as follows:

- Issuing Company: Defendant - The content of the shares and the number of subscribed shares: 9,000 common shares - the total subscription price of 5,000 won per share - the total subscription price of shares: 00 million won per share - the total subscription price of shares ( 45,00,000): G on November 2, 2016, and E on the date of acquiring shares: the total subscription price of shares shall be paid to the Plaintiff on a temporary basis by the date of transferring the shares pursuant to Article 2.

Article 4 (Delivery, etc. of Share Certificates) The plaintiff shall deliver to G and E the shares referred to in Article 2 at the same time as this contract, and cooperate with G and E transfer.

The Plaintiff’s instant shares were transferred to G and E under the contract, and the Defendant’s register of shareholders held 1,00 shares, G, and E, respectively, the Defendant’s common shares.

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