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(영문) 서울중앙지방법원 2016.09.01 2015가합553049
주주권확인
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. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd.”) is a company established on April 8, 200 along with D, E, and Defendant B for the purpose of corporate merger, corporate restructuring, etc., and D is from April 8, 200 to July 25, 2002; from July 25, 2002 to September 30, 2005 and from April 7, 2008 to March 30, 2013.

A: The above shares are listed in the name of E on the company’s list of shareholders, but this is also owned by B as of the date of conclusion of the contract.

In addition, Eul confirms that there is no limitation on the exercise of sovereignty, such as any fact of transaction or seizure, pledge, and provision of security, other than this transaction, under which the above shares are not issued.

2. The terms and conditions of the contract B shall be to transfer the entire shares of the company owned by the principal (190,000 shares) to A immediately after the conclusion of the contract.

3. Terms and conditions of a contract 1) A shall take over the shares and sell them to a third party after entry into the register of shareholders. When Party A sells shares upon finding a purchaser, Party A shall appropriate the total amount of bonds to be repaid from B from the proceeds from the sale of shares and return the amount exceeding the total amount of the bonds to Party B. However, if a part of the bonds is repaid, Party A may still assert the total amount of the bonds as bonds and shall not be extinguished or set off. 2) The amount of credit to be settled with Party A shall be separately determined based on the letter of priority payment for the bonds prepared on July 20, 2012, and the highest amount of this credit shall be KRW 10,000 ( KRW 10,000,000).

3) The settlement of all amounts is the actual receipt amount after deducting taxes. B. On October 25, 2012, the Plaintiff is the Plaintiff’s shares 190,000 shares of D and Defendant Company (amounting to KRW 950,000,000; hereinafter “instant shares”).

with respect to paragraph (1).

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