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(영문) 수원지방법원 2018.01.10 2016가합79843
정산금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s transfer of shares and the filing of the lawsuit to claim the return of shares; C (hereinafter “C”).

On November 26, 2002, the Plaintiff, Defendant, and D, who were the founder and the shareholder of the Plaintiff, sold C shares of KRW 7,184 per share to D in a title trust of KRW 10,00,00 per share, and D drafted a sales contract to sell C shares of KRW 40,294 per share to the Defendant, and the Plaintiff sold C shares of KRW 10,500 per share to the Defendant. (2) The Plaintiff filed a lawsuit against the Defendant for the claim for refund of the C shares of KRW 40,294 per share under the Daegu District Court Port Branch of the Daegu District Court (2005Gahap6455). On February 16, 2007, the Plaintiff transferred the shares of KRW 40,294 except for D’s title trust of KRW 7,184, to the Plaintiff, and thus, the Plaintiff’s repayment of the shares of KRW 287,290,00 per share to the Defendant.

Therefore, the plaintiff appealed, but the dismissal of the appeal was finalized on February 10, 2008.

B. On July 27, 2006, the Defendant sold the instant shares, etc. (1) The Defendant, on July 27, 2006, shall collectively referred to as “MediationINC”, including before and after the alteration of the trade name.

(2) On May 2, 2008, the Defendant and the Chosun INC prepared an additional agreement to change the outstanding shares to be transferred by the Defendant to KRW 2,392,169 shares, including the instant shares, from KRW 2,329,635 shares in KRW 72.96 billion, and to KRW 17.2 billion from KRW 23.466 billion to KRW 1.2 billion, respectively, by August 16, 2007.

3. On June 7, 2010, JoseonINC expressed to the Defendant the intent to cancel the said contract on the basis of a special agreement under the said Stock Sales Contract, and returned the purchase price of the shares paid to the Defendant.

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