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(영문) 수원지방법원성남지원 2015.07.10 2015가합200001
주식양도 의사표시 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion: (a) transferred KRW 1500,00 of the shares of the Defendant Company to Defendant B and C respectively; (b) Defendant B and C rescinded the said transfer contract on November 14, 2014 because they did not pay the transfer price; and (c) the Plaintiff received from Defendant B and C all rights related to the claim for return of shares and the rescission of the transfer contract; (d) Defendant B and C notified the Plaintiff of their intention to transfer the shares of this case to the Plaintiff; and (e) the Defendant Company must implement the transfer procedure in the name of the Plaintiff with respect to the shares of this case.

B. According to the statement in Gap evidence No. 1 (including paper numbers, hereinafter the same), it is recognized that "F" entered into a share transfer contract (hereinafter the "transfer contract of this case") with the content that the transfer of 1,500 shares of defendant B, C, and the defendant company on February 17, 2010 is based on each share transfer amount of KRW 7,50,00 (5,000 per share transfer value x 1,500 per share transfer value x 1,500 shares), and thus the share certificates were not issued and thus the share certificates were delivered as a contract.

However, the following circumstances, i.e., Gap evidence Nos. 9, Eul evidence Nos. 5, 6, and 9 comprehensively based on the overall purport of pleadings, i.e., the plaintiff, defendant B, and C established a company at the same time on Jan. 2010 and decided to develop UIS system development projects. In lieu of the new company to be incorporated, the plaintiff used the defendant company, which is a dormant company that was a dormant company that acquired and controlled all outstanding shares in the name of F (667 shares) and G (3,33 shares. ② The plaintiff, defendant B, and C decided to use the initial shares ratio of the defendant company at 40%: defendant C 30%. However, the defendant C decided to have a total of 10,00 shares issued by the defendant company at 1,500 shares (p. 5,00 won per share), but first, the defendant divided the defendant's company to the defendant Eul into 1,500 shares, 300 shares, 400 shares, and 00 shares.

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