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(영문) 대전지방법원서산지원 2017.12.07 2017가합50579
주식인도 등
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The defendant shall have the shares listed in the attached list to the plaintiff A.

Reasons

1. Facts of recognition;

A. On March 23, 2013, Plaintiff A, Defendant D, and D entered into a partnership agreement with respect to the establishment and management of a company aimed at manufacturing, selling, etc. Acrypted signboards and LDD signboards, and a notary public obtained certification with respect to the partnership agreement as the Chinese-style Law Firm No. 01081 in 2013.

Article 1 (Shares and Extent of Investment) Plaintiff A shall invest KRW 100 million, and shares shall be 40%.

D The shares shall be 20% of the shares, recognizing the goodwill of a company, by demonstrating to the maximum extent possible the investment and operating capacity of a used cargo vehicle (as much as KRW 15 million at the market price) in ton, and the shares shall be 20%.

The defendant shall provide one ton of used freight vehicles (not less than five million won at the market price), heavy CNC sculptures (not more than 10 million won at the market price), and other miscellaneous companies with technology capable of operating their business, and shall own the company's rights and shares in the investment, and shall be 40 percent of shares in the company.

Article 7 (Termination and Termination of Contract) The respective shares shall be dealt with through consultation when terminating this contract through mutual consultation.

B. The Plaintiff B completed the registration of incorporation on March 28, 2013, and the Defendant was appointed as the inside director and the representative director of the said company.

Of shares 20,000 shares (price of 5,000 per share) issued at the time of establishment, 2,000 shares were listed in the register of shareholders under the name of the plaintiff A, and 18,000 shares.

C. On September 30, 2013, Plaintiff A and the Defendant drafted a written agreement on the reversal of a partnership agreement with the following contents.

① On September 5, 2013, the Defendant resigned from the Plaintiff Company B’s director, and thus, the status of the Plaintiff A and the Defendant’s Dong business is discarded, and there is no share form.

(2) A partnership agreement which is a certified document No. 01081, which was prepared on March 25, 2013, shall be deemed discarded by mutual consent.

(3) In the case of paragraph (1), the state of the same kind of business shall be discarded and there is no share in the same business, but the acrylic residue used and disposed of by the company at the time of the same business shall be treated in consultation with the representative of E and the plaintiff A, and it shall be female.

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