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(영문) 서울서부지방법원 2020.01.22 2019가합34657
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relevant Plaintiffs owned the shares (number of total shares of Plaintiff A20,400, Plaintiff B, C, and D among the total number of shares of Plaintiff A20,800, Plaintiff B, and Plaintiff E, respectively, 10,000 shares, and the Defendant is the shareholder and the representative director of G.

B. H Co., Ltd. 1, i.e., securing the management right of H G (hereinafter “H”).

(2) On November 21, 2017, 2017, K, a major shareholder of G, purchased 250,000 shares of G from L on January 22, 2018, and K, a major shareholder of H, secured the management right of G from L on January 22, 2018, and from the Defendant, purchase 30,000 shares of G from the Defendant (total 300,000 shares purchase) and 20,000 shares of G from the Defendant (total 59.9% purchase of the total number of 30,000 shares). (2) Since H was changed to the Defendant, it would be difficult for the Defendant to resign from the existing director, and the Defendant recommended the Plaintiff’s husband’s Ma, etc. to resign and resigned from office on March 30, 2018.

C. On April 2018, the Defendant sent the form of the share transfer contract to the Plaintiffs to the effect that “If the Plaintiff’s personal information is obtained, two copies printed out, and then sent to the following address with a seal imprint certificate, the original of the contract will be sent by mail,” and the original of the contract will be sent by mail. The account number also will be sufficient.” 2) The share transfer contract form of the above shares transfer contract includes ① the shares subject to transfer, ② the number of shares to be transferred, ③ the total amount of shares to be transferred (6,50 won per share), ④ the total amount of shares to be transferred (6,50 won per share), ④ the method of payment, ⑤ the name, address, and resident registration number of N was stated in the transferee column, but there was no signature or seal of N.

3. The plaintiffs affix their seals to two copies of the above share transfer contract.

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