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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff A Co., Ltd. is a company that carries on real estate leasing business, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that carries on real estate sale and lease business, and the Defendant B owns 58% of the shares of Defendant C (total number of issued shares 192,00 shares).
The ratio of shares held by stockholders to the number of shares held by stockholders (%) shall be expressed to the second place.
Defendant B B 28,509.5 Defendant C 78,755 26.25 F 48,745 16.25 G 31,500 16.50 H 6,000 H 6,00 2.00 I 37,500 J 37,500 J 37,500 J 37,500 J 37,500 12.50 9,000 L 22,50,50 7.50 10.00
B. D Co., Ltd. (hereinafter “D”) was changed to E’s name on June 11, 2012, and Defendant B was a company engaging in a construction project implementation, etc., and Defendant B was a representative director from January 3, 2010 to April 16, 2012.
On February 21, 2012, the relationship between the Plaintiff and the Defendants’ share acquisition agreement and the ownership of the said D shares was as follows.
C. On February 21, 2012, the Plaintiff entered into a contract to transfer and acquire shares of KRW 950,50,000 for common shares of Defendant B and D owned by Defendant B (hereinafter “B”) and KRW 78,755,00 for common shares of Defendant C and D owned by Defendant C (hereinafter “C-owned shares”) with KRW 2,625,00,000 for each acquisition of shares (hereinafter “each of the instant shares”), and paid KRW 10,000 for Defendant B and KRW 300,000 for each of the said shares (hereinafter “each of the instant shares”). On the date of the instant contract, the Plaintiff paid KRW 10,00 for each of the shares to Defendant B and KRW 30,000 for each of the instant shares.
1. Types of stocks: D common stocks in a dispute resolution council;
2. Par value of stocks: 10,000 won per share;
3. Quantity of stocks: 28,500 common stocks.
4. Amount of acquisition by transfer: 950,000,000 won (per one hundred and fifty million won per share);
5. Terms and conditions of payment and acceptance of transfer (the separate agreement shall prevail over this contract) (1) This contract shall be concluded upon the receipt of the transferor of the down payment of KRW 100,000,000.
(2) The intermediate payment of KRW 150,000 (payment, February 22, 2012) shall be KRW 700,000,000 (payment, March 23, 2012) (3) The transferor shall transfer the shares to another person.