(영문) 대구지방법원 2018.09.06 2017가합208519

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(영문) 대구지방법원 2018.09.06 2017가합208519

투자금반환

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1. The defendant shall pay KRW 30 million to the plaintiff 15% per annum from June 8, 2008 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 8, 2008, the Plaintiff entered into a new stocks acquisition contract (hereinafter “instant contract”) with the Defendant and the Defendant as a major shareholder C (hereinafter “instant company”). The Plaintiff paid KRW 300 million to the instant company, after acquiring new stocks issued by the instant company (10% of the total issued stocks).

B. At the time of the instant contract, the Defendant owned 438,000 shares (73% of the total issued shares) of the instant company, but around April 2014, transferred 432,000 shares (72% of the total issued shares) out of the instant shares to the Defendant’s head D.

(hereinafter referred to as “transfer of shares of this case”).

As of 2017, shareholders listed in the register of shareholders of the instant company are as follows.

Number of name number B (Defendant) 6,000 E 1% 48,000 8% D 432,000 72% A (Plaintiff) 60,000 10% F 54,000 9% totaling 600,000 10% 100%

D. Of the instant contracts, the parts related to the instant case are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the plaintiff's assertion violates the duty not to dispose of the shares of the company of this case owned by the defendant without the plaintiff's written consent up to the portion equivalent to 51% of the total issued shares (Article 16 of the contract of this case) among the obligations under the contract of this case. In addition, the duty not to issue share certificates to the plaintiff (Article 4 (4) of the contract of this case), the duty not to hold meetings with the board of directors or major shareholders and hold meetings every three months to hold business consultation with the plaintiff (Article 9 of the contract of this case), and the duty not to submit annual reports and occasional reports (Article 10 of the contract of this case) to the plaintiff (Article 15 (1) of the contract of this case since the defendant failed to perform the contract of this case after the payment of the plaintiff's investment

Therefore, the above contract.

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