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(영문) 부산지방법원 2019.08.23 2019가단304277
주식인도청구
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1. The Plaintiff, Defendant B, and the class of shares 10,000 shares issued by D Co., Ltd.: common shares of KRW 10,000 per face value.

Reasons

1. Basic facts

A. The Plaintiff is an internal director of D Co., Ltd. (hereinafter “Nonindicted Company”) with the mother of the Defendants, and Defendant B is the representative director of the Nonparty Company, and Defendant C is the auditor of the Nonparty Company.

B. The Plaintiff’s husband and the Defendants’ denying network E (hereinafter “the deceased”) died on January 6, 2017. On January 6, 2017, the Plaintiff and the Defendants drafted a written agreement on the division of inherited property with the purport that each land owned by the Deceased and shares 52,500 shares of the non-party company owned by the deceased, owned by the Defendant B, owned by the Defendant C, owned by the building and the non-party company owned by the deceased, owned by the Defendant C, the deposit balance, beneficiary certificates, etc. owned by the deceased.

C. Around that time, the Defendants agreed to hold 20,00 shares of the Deceased’s 105,000 shares in the agreement on the division of inherited property, but guaranteed the Plaintiff’s shareholder qualification, recognized the company’s management right, and paid 20,000 shares to the shareholders’ dividends to the 20,000 shares, and held 20,000 shares in the name of the Defendants under the condition that each of the Defendants paid 5,000 shares monthly wage and living expenses. If the Defendants failed to perform one of the three conditions, the agreement that the Defendants decided to own 20,00 shares of the Deceased’s 20,00 shares is null and void, and immediately returned 20,00 shares to the Plaintiff (hereinafter “instant agreement”).

The Defendants did not pay to the Plaintiff KRW 5 million each month, which was to be paid every month under the name of dividend, salary, and living expenses for 20,000 shares of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, purport of the whole pleadings

2. The assertion and judgment

A. (1) Determination on the grounds of claim (1) The Plaintiff did not intend to guarantee the right of management of the non-party company from the beginning of the appeal or to pay a dividend of 20,000 shares to the non-party company.

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