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(영문) 전주지방법원 군산지원 2018.01.26 2016가합12191
주식매매대금
Text

1. As to the Plaintiff, Defendant B and D with respect to KRW 119,639,627, Defendant C and D with respect to each of the said money, KRW 79,759,751, and each of the said money.

Reasons

1. Basic facts

A. The status of the parties and the establishment of E Co., Ltd. (1) E Co., Ltd. (the trade name was changed to “F Co., Ltd. on January 30, 2008,” and changed to “G Co., Ltd. on September 27, 2011.”

“E” without distinction before and after the amendment;

[2] The Plaintiff was appointed as a director of E on January 19, 1999, and retired on January 19, 2002. On March 17, 2003, the Plaintiff retired from office on March 17, 2006 after taking office as a director again on March 17, 2006.

(Resignation registration was completed on January 30, 2008). The deceased H (hereinafter “the deceased”) was appointed as a director and a representative director on February 20, 2001, but retired on February 20, 2004.

(B) On January 3, 2008, the Plaintiff’s husband is the birth of the deceased. I and the sibling of the deceased are J, K, and L (the deceased, South and North Korea by the deceased, J, and I).

4) Defendant B is the deceased’s spouse, and Defendant C and D are the deceased’s children.

B. Around October 1, 2007, the total number of shares issued by E was 80,000 shares on the E’s list of shareholders; the shareholders on the list of shareholders were 20,000 shares by the Plaintiff; M, the former wife of the Deceased, 28,000 shares by the Deceased; and 32,00 shares by the Deceased.

Although E's list of shareholders is not submitted, it seems that there is no dispute between the parties about this content.

C. 1) For sale of E shares, including entering into a stock transfer contract, the Deceased is a stock company under its own, Plaintiff, and M’s name on January 3, 2007 (hereinafter “N”).

) A consulting service contract was entered into with E for the sale of E’s shares (hereinafter “instant consulting service contract”).

(2) The scope of the advisory service under the above advisory service agreement is “the advisory service” (Article 2. 8 of the above advisory service agreement) that refers to “the business of attracting potential buyers and providing strategic advice, negotiating and mediating with buyers, and other advisory services related to the sales transaction in question” (Article 2. 8 of the above advisory service agreement).

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