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(영문) 서울남부지방법원 2017.07.14 2015가합112017
주주대표소송 등
Text

1. As to the portion of 1/2 of the patent right E (patent number F) to the intervenor participating in the Plaintiff’s co-litigation, Defendant D shall have the Korean Intellectual Property Office on January 2, 2015.

Reasons

1. Basic facts

A. The party status, etc. 1) H Co., Ltd. (hereinafter “H”)

) A company-affiliated research institute was established in 201, and E patent rights (patent number F; hereinafter “patent right of this case”) around July 2012 based on the research results of the said research institute.

2) On August 1, 2012, 201, H’s shareholders, based on the instant patent right, established an intervenor on August 1, 2012 in order to engage in the production of materials and painting works in full scale. On March 28, 2013, the Intervenor acquired 1/2 of the instant patent right, thereby sharing the instant patent right by H and the Intervenor 1/2.

3) From the time of the incorporation of the Intervenor to July 31, 2015, the Defendants were those who were in the position of representative director, and the Plaintiff became the shareholders by taking over the Intervenor’s shares as follows. (B) On September 23, 2015, the Plaintiff acquired 28,000 shares of the Intervenor (the total number of shares issued is 20,000 shares issued by the Intervenor and 14,000 shares issued by the Intervenor), which were held by the Intervenor, from September 23, 2015. (hereinafter “instant shares”).

2) On October 1, 2015, transferor I notified the Intervenor that he transferred the instant shares to the Plaintiff. Meanwhile, on October 6, 2015, the Plaintiff, the assignee, demanded a transfer of the shareholder registry on the ground that the Plaintiff acquired the instant shares, and each of the above notifications was sent to the Intervenor on October 7, 2015. C. Defendant D, the representative director of Defendant D, the Intervenor, without undergoing a resolution of the Intervenor’s general meeting of shareholders or the board of directors on October 19, 2015, was transferred from the Intervenor, and completed the transfer of the patent right, and completed the registration of transfer of the patent right with respect to 1/2 of the instant shares, among the instant patent rights, from H on the same day.

2) The Defendants were ordered by the Korea Land and Housing Corporation (LH) on October 22, 2015 and were in Dongyang Construction Co., Ltd.

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