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(영문) 서울서부지방법원 2017.10.19 2014가합38432
주식반환 청구의 소
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. As a dentist, the Plaintiff and C’s promotion of the development project for the system for the production of dental iron (1) and C, the Plaintiff and C are “CAD and CAM technology” similar to “E” robots developed by Germany D (hereinafter “instant system”).

2) The instant system is composed of ① the CAD program that produces mechanical language to operate CNC equipment based on the image data of the said CAD program, ④ the CAM program that produces mechanical language, ④ the CANC equipment that processes the process of processing the material by using smugglings, etc. in accordance with the above data.

B. The Defendant entered into a contract with the Defendant with the representative director of F Co., Ltd. (hereinafter “F”), the purpose of which is to develop and repair software, etc., and the Plaintiff and C entered into a contract with the Defendant on the development of “CAD/CAM program” under which the Defendant produces basic data on the CNC equipment of the instant system (hereinafter “instant contract”).

C. 1) The Plaintiff is a business using the instant system on August 19, 2009 (hereinafter “instant business”).

G Co., Ltd. (hereinafter referred to as “G”) with the aim of manufacturing dental appliances to proceed.

(2) At the time of G establishment, the Plaintiff invested KRW 100,000 of the total number of issued and outstanding shares (ordinary shares and 1 share amount to KRW 500,000), and allocated C shares of KRW 50,000 of the total number of issued and outstanding shares (ordinary shares and 50,000), respectively, to the Plaintiff.

After that, as a result of offering new shares on February 12, 2010, October 28, 2010, and June 13, 201, G’s total issued shares as of December 2013 are 2,84,90 shares.

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