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(영문) 전주지방법원 2015.03.30 2013가단41150
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 28, 2012, the Plaintiff asserted that the Plaintiff, as a major shareholder of the (Y)C, offered to the Defendant a proposal to assume the office of representative director of the said company, and made the following oral agreements with the Defendant.

① The Defendant purchased KRW 50 million, 200,000,000 equity shares in Nonparty D or in substance, owned by the Plaintiff, to the Plaintiff. The purchase price shall be paid up to June 30, 2013.

② The Plaintiff held title trust of 2,00 shares out of the number of shares held by the said company under the name D. However, if the Defendant normalizes the management of the said company as a representative director, it is recognized as the Defendant’s share in return for the Defendant’s contribution.

However, the defendant did not pay the purchase price of 2,00 shares until the expiration of the period of payment, and the defendant should implement the procedure for transferring the 4,000 shares transferred in the name of the defendant due to the cancellation of title trust, while the defendant did not normalize the company due to the minor management, etc. and was resolved to dismiss him at the special general meeting of September 28, 2013.

2. As to the Plaintiff’s assertion, the Defendant asserts that, namely, the oral agreement asserted by the Plaintiff, the Plaintiff denied the fact of the sale and purchase contract of contribution units and the title trust agreement, and that (1) C contribution units in the Defendant’s name were given free of charge to the Defendant for the normalization of the above company, the evidence submitted by the Plaintiff and the testimony of the witness E are insufficient to recognize the fact of the agreement asserted by the Plaintiff

3. In conclusion, the plaintiff's claim of this case is dismissed without any further review, and it is so decided as per Disposition.

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