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(영문) 창원지방법원통영지원 2017.11.22 2017가단22512
회사에 관한 소송
Text

1. It is confirmed that the Plaintiff and Defendant B had the Plaintiff’s right to the shares listed in the separate sheet.

2...

Reasons

1. On June 12, 2012, Defendant B established Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and owned 10,000 shares issued.

On December 10, 2012, the Plaintiff entered into a contract with Defendant B and Defendant Company to acquire KRW 10,000 per share of KRW 10,000.

(hereinafter “instant share acquisition agreement” and 2,000 shares above are “instant shares”). Meanwhile, from 2012 to 2015, shares held by each shareholder as stated in the Statement of Change in Stocks, etc. submitted by the Defendant Company in the Tong Tax Office are as follows:

Shareholders B 6,000 shares 6,00 shares 8,000 shares 8,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 2,000 shares 1,200 shares 2/300 shares 1,200 shares 2,00

2. Determination

A. The gist of the party’s assertion asserts that, although the Plaintiff did not transfer the shares of the Defendant Company to the Defendant B, the Defendant Company and the Defendant Company reported false shares changes, the shareholder’s rights of the instant shares are the Plaintiff, and the Defendant Company are obligated to implement the transfer procedure.

As to this, the Defendants asserted that the instant share acquisition agreement was rescinded due to the Plaintiff’s rejection of performance, and that the money received from the Plaintiff and D is not the share purchase price, and thus, the instant shares still belong to Defendant B.

B. In full view of the following facts and circumstances, the shareholder rights of the instant shares are owned by the Plaintiff, taking into account the respective descriptions of the evidence Nos. 1 through 5, 8, 9, and 15, which can be acknowledged by adding the entire purport of the pleading to the Plaintiff.

① Around November 6, 2012, Defendant B leased KRW 304 to use the building as Defendant Company’s office at KRW 65,000,000, and the Defendant Company’s business site around November 21, 2012.

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