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(영문) 수원지방법원 2018.10.12 2017가합23427
주식매매대금 청구
Text

1. It is confirmed that each share listed in the separate sheet 1 and 2 is owned by the plaintiff.

2. The Plaintiff’s attached list 2 shares.

Reasons

1. Basic facts

A. The Plaintiff is a person who was the largest shareholder and investor of C Co., Ltd. (hereinafter “C”), a company that manufactures and sells the presses, etc., and the Defendant was a person who served from January 20, 2012 to January 31, 2017 as C’s representative director.

B. On April 10, 2012, the Plaintiff entered into a stock acquisition agreement with the Defendant for the purpose of normalizing C’s management (hereinafter “instant agreement”), and its main contents are as follows.

The Plaintiff (hereinafter referred to as “A”) and the transferee of the instant contract (hereinafter referred to as “B”) enter into a share transfer agreement as follows.

1. This contract aims to assign Gap’s stocks to B for business normalization.

2. The time of transfer of the shares of Gap at the time of transfer to Eul shall be one year from the date on which the representative director is appointed.

3.The terms and conditions of the acquisition of shares of this Agreement are as follows:

(a) Issuing company: The number of transferred stocks under C (2) : 24,500 won (3) for the transfer value: 25,000 won (4) for the first acquisition value of Gap: 612,50,000 won; and

5.A payment shall, in principle, be made in cash to A, and the transaction price under the circumstances of B may be paid with stocks after the difference.

Provided, That all taxes shall be borne by B.

7.Except as otherwise provided for above, the following matters shall be prescribed by the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall take precedence over the application thereof:

(1) In principle, the above contract shall continue to be in service, and at the time of early retirement, the above contract shall be deemed null and void.

C. Pursuant to the instant contract, C shares 24,500 shares owned by the Plaintiff were transferred to the Defendant on September 10, 2013, but the purchase price of shares was not paid.

On the other hand, the Plaintiff, around January 7, 2013, had the Defendant establish D (hereinafter “D”) with a view to establishing the said D Co., Ltd. (hereinafter “D”).

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