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(영문) 수원지방법원평택지원 2015.05.15 2014가합10153
회사에 관한 소송
Text

1.(a)

The shareholders of shares listed in Schedule 1(1) between the Plaintiff and Defendant,

B. The Plaintiff and the Defendant C:

Reasons

1. Facts of recognition;

A. Defendant Eastern Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a corporation established for the purpose of manufacturing and selling non-ferrous metals aluminium.

B. On August 12, 2013, the Plaintiff entered into a contract with Defendant C to transfer KRW 2800 out of the above shares to KRW 28 million, and KRW 15 million between Defendant C on the same day and KRW 15 million.

(hereinafter referred to as “each share transfer contract of this case”) C.

Pursuant to each share transfer contract of this case, Defendant B is a shareholder of the shares listed in the separate sheet No. 1 (hereinafter “instant shares”) in the shareholders list of Defendant C, and Defendant C is a shareholder of the shares listed in the separate sheet No. 2 (hereinafter “instant shares”) in the separate sheet No. 2.

On the other hand, Defendant B and C did not pay each of the above shares purchase price to the Plaintiff until now, and a duplicate of the complaint of this case stating that each of the shares transfer contracts of this case is terminated was delivered to the said Defendants on November 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff notified Defendant B and C of the cancellation of each share transfer contract prior to the filing of the instant lawsuit. As such, even if the Defendants were not notified, each of the instant shares transfer contracts was cancelled by the delivery of a duplicate of the instant complaint. Therefore, the Plaintiff confirmed that the shareholders of each of the instant shares were the Plaintiff, and the Defendant Company is obligated to implement the transfer procedure with respect to each of the instant shares to the Plaintiff. (2) Defendant B, Defendant C, and C did not receive a lawful demand notice of performance set by the Plaintiff for a grace period.

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