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(영문) 서울동부지방법원 2017.03.23 2015가합109605
주식반환청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From January 8, 2008 to March 31, 2011, the Plaintiff was the representative director of E Co., Ltd. (hereinafter “instant company”) for the purpose of operating the mining development business, etc., and F was appointed as the representative director of the instant company on September 24, 2013 and is in service until now.

B. On February 10, 2012, the Plaintiff and F agreed to transfer 91,30 shares of the instant company (hereinafter “instant shares”) to the Defendants and G designated by F (hereinafter “instant shares”).

C. In accordance with the foregoing agreement, the Plaintiff, the Defendants, and G entered into a share transfer and takeover agreement (hereinafter “instant agreement”) on February 10, 2012, and drafted a written contract with the following contents (hereinafter “instant contract”).

The plaintiff shall transfer the shares of the company of this case to the defendants and G as follows, and shall conclude this contract.

transferee G

1. Class of shares: Ordinary shares; and

2. Number of transferred stocks: 50,000 shares.

3. Face value per share: 5,000 won;

4. Transfer value per share: 1,000 won; and

5. Transfer price of stocks: Defendant B who has taken over the transferee of 50 million won.

1. Class of shares: Ordinary shares; and

2. Number of transferred stocks: 16,000 shares.

3. Face value per share: 5,000 won;

4. Transfer value per share: 1,000 won; and

5. Transfer price of stocks: Defendant C who has taken over the transferee of 16 million won.

1. Class of shares: Ordinary shares; and

2. Number of transferred stocks: 25,300 shares;

3. Face value per share: 5,000 won;

4. Transfer value per share: 1,000 won; and

5. Stock transfer price: 25,300,000 won;

D. On March 2012, Plaintiff, Defendants, and G completed the procedure for the change of the name of shares under the name of Defendants and G with respect to each relevant shares.

On the other hand, G transferred the said shares to H on March 13, 2013.

[Ground of recognition] Evidence A 1, Evidence A 2, 3 (including each number), Evidence A 15-4, Evidence B 1 and 8, each of the evidence Nos. 1 and 8, each of the order of submission of taxation information to the head of the Gyeonggi Mine Tax Office of this Court, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion F is the instant case.

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