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(영문) 수원지방법원 2015.01.15 2013가합25906
청구이의
Text

1. The payment order for the Defendant’s claim for the return of the purchase price of shares (No. 2012 tea 5052) against the Plaintiff is issued.

Reasons

1. Basic facts

A. The defendant is a person who has been in charge of attracting investment while working as the three branch offices of C Co., Ltd. (hereinafter “Nonindicted Company”), and the plaintiff was an investor of the non-party company.

B. When the Defendant purchased the shares of the non-party company in the name of the non-party company and asked the Defendant to transfer them to the non-party. The Defendant issued KRW 140,000,000 as the purchase price of shares on March 5, 2007, and KRW 24,00,000 as the purchase price of shares on March 8, 2007, and KRW 140,000,000 on March 10, 2007, as well as KRW 30,00,000 on March 10, 207.

C. On March 12, 2007, the Plaintiff purchased shares of Nonparty Company 18,560 (hereinafter “instant shares”) in KRW 111,360,00 per share of KRW 6,000 per share, and the Plaintiff and the Defendant prepared a written contract for acquisition of shares on May 29, 2007 and signed and sealed each of the following.

(hereinafter “this case’s acquisition of shares”). Article 1 of the Agreement on Acquisition of shares also requires the Defendant to acquire the shares of the non-party company owned by the Plaintiff.

Article 2: Subject-matter of this Agreement and Terms and Conditions of Transfer of Shares are as follows:

- Issuing Company - The number of subscribed shares: 18,560 shares - The date of stock acquisition: May 29, 2007: the Defendant is transferred shares from the Plaintiff pursuant to Article 2.

Article 4:Effect of this Agreement shall accrue from the date on which the parties sign and seal.

Section 8:In order to verify the above facts, two copies of the contract shall be prepared, and the original and the defendant shall affix their seals and shall keep one copy of each contract.

(Plaintiffs shall attach their certificates of seal impression and seal imprints).

However, on the ground that the Plaintiff did not purchase the shares of the non-party company, the Defendant issued the said shares purchase price to the Suwon District Court 2012 tea5052.

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