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(영문) 창원지방법원 2015.01.14 2013가합33508
청구이의
Text

1. The Defendant’s notary public against the Plaintiff (No. 454, No. 4555), No. 11, Aug. 11, 2011.

Reasons

1. Basic facts

A. The relationship 1) The defendant is a U.S. corporation established by C, a business entity, and serves as a representative director. 2) The D Co., Ltd. (hereinafter “D”) is a corporation established on October 19, 2009.

On January 19, 2010, E registered as a shareholder of D, entered into a stock transfer agreement with the Defendant to transfer 10,000 shares of D in total to KRW 50,000,00, and then resigned from the company director of D on the same day.

On March 12, 2010, the defendant paid to E the above share acquisition price of KRW 50 million, and the same year.

3. On March 30, 2010, at the regular general meeting of shareholders of D held on March 30, 2010, F, a mother of C, was appointed as a representative director of D.

3) The Plaintiff is a corporation established on August 12, 1991. B. D’s acquisition of the Plaintiff’s Plaintiff’s shares 1) G’s type E concluded a contract on November 23, 2009 with H, a shareholder of the Plaintiff, to acquire 45% of the Plaintiff’s shares in KRW 2.5 billion.

2) On November 24, 2009, D entered into a contract with I and J to acquire the Plaintiff’s 5% of the Plaintiff’s shares and the company’s management rights in the amount of KRW 4.5 billion. C prepared KRW 4.5 billion as stipulated in the agreement for stock acquisition as stated in paragraph (2) of the above 2, and D paid the purchase price of the said shares to D with the said money. (4) On January 19, 2010, D decided to purchase the Plaintiff’s shares from G around January 22, 2010 (the down payment KRW 5.5 billion was already paid by G), and C paid KRW 2.0 billion of the purchase price of the shares to G.

C. On April 5, 2011, E, including document forgery and false authentic deed preparation, 1 E, shall forge a list of shareholders in the name of D as if E owns the entire shares of D, and obtain qualification and take office as a director in D and the representative director of the Plaintiff, respectively.

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