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(영문) 제주지방법원 2018.07.17 2018가단50712
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. Around May 201, F and G: (a) around 175,00 shares issued by H Co., Ltd. (hereinafter “H”); (b) Defendant D (at the time of H’s internal director, who was appointed to the representative director following G on January 13, 201), and I and J held 17,50 shares, respectively; (c) around 17,50 shares owned by H Co., Ltd.; (d) the F donated 5,650 shares out of shares to Plaintiff A, the spouse, and 2,800 shares to Plaintiff B and C, each, respectively.

(hereinafter referred to as “instant shares”) .B. of the Plaintiffs’ shares.

September 29, 2011, the following agreements have been drawn up:

Part of the Agreement: D, K, and L: ① Stock transaction amounting to KRW 10,00 per share. ② Stock underwriters, not D, shall accept the shares of the plaintiffs, and G shares shall be acquired by M recommended by D.

③ Total amount of KRW 4,708,085,037 to N (hereinafter referred to as “N”) shall be paid at the same time as the collection of this claim to G, Plaintiffs, I, and J, a shareholder of which H (the D’s responsibility on September 29, 201) is agreement date.

Provided, That national taxes and taxes incurred shall be paid after deducting them.

C. On October 6, 2011, G prepared and sent to the Plaintiffs “written rejection of transfer of failed bonds” with the following content.

Statement of Transfer of Unclaimed Bonds

1. Transferor: H;

2. Transferee: The plaintiffs

3. A creditor indicating a claim to be transferred: He/she shall specify the content of the N claim to be transferred: The amount transferred on the account books as of September 29, 201: 35 percent (excluding corporate tax and taxes and public charges) of the above amount as the acquisition price of the shares of H 61,250 (the face value is 612,50,000 won) of the above amount, and he/she shall faithfully implement the resolution of the general meeting of shareholders of H 61,250 (the face value is 612,50,000 won).

on October 6, 2011, the transferor’s representative director G transferee Hah on the part of the G transferee Hah

D. Since then, the purport of this case is to transfer the shares of this case between the plaintiffs and defendant E, who are the spouse of defendant D, in total amount of KRW 612,50,000.

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