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(영문) 수원지방법원 안산지원 2018.11.07 2017가단22223
주권인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 11, 2015, the Plaintiff Council decided to sell 9,000 shares of the Plaintiff Company to its executives and employees in KRW 135,00 per share in order to improve productivity and enhance its competitiveness through raising the awareness of the officers and employees, and to lend the full amount of the shares acquired to its executives and employees at an interest rate of 3.2%.

B. On December 28, 2015, the Plaintiff entered into a contract with the Defendant, who is his employee, to sell the instant shares in KRW 135,000 per share (hereinafter “instant contract”), and the main contents are as follows.

Article 7 (Restriction on Transfer) The defendant may not transfer the shares purchased under this contract until the date of listing on the KOSDAQ market or the Exchange market by the company, unless the company has consulted with the company or the company.

Article 8 (Duty of Transfer of Stocks at Time of Retirement) The defendant shall transfer the shares to the company or a person consulted with the company if the defendant withdraws from the company before listing in the KOSDAQ or the Exchange market, and within seven business days from the date of submission of the private staff members, the shares to the sales price at the time of conclusion of this contract.

Article 9 (Obligation to Transfer Shares of Company) If the defendant retires, the Company shall, at the request of the defendant, accept shares in response to the request of the defendant, and the acquisition price shall be the sale price at the time of the conclusion of this contract.

C. On December 29, 2015, the Plaintiff lent the lending period to the Defendant from December 30, 2015 to December 29, 2020; the interest rate of KRW 54 million was set at 3.2% per annum; and the Defendant paid the sales price of the instant shares with this money.

The defendant retired from the plaintiff company on July 25, 2017.

E. On September 10, 2018, the Plaintiff deposited KRW 54 million into the Defendant’s account.

[Reasons for Recognition] Each entry of Gap evidence 1 through 9 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) and the defendant, pursuant to Article 8 of the contract of this case, are the KOSDAQ market of the plaintiff company and the defendant.

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