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(영문) 대전지방법원 2015.11.25 2014가합106698
주식양도 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The pertinent Plaintiff between the parties is a representative director of the said bank from around 2006 to March 2012, and thereafter a person who served as an auditor of the said bank from around July 2014, 2014, since he/she assumed office as an auditor of E Co., Ltd. (hereinafter referred to as “E”).

Defendant B is currently the wife of E’s auditor F, Defendant C is the largest shareholder of E, and Defendant D is the father of G.

Plaintiff

The Plaintiff was registered as a shareholder holding shares of 110,894 shares in E’s register from around 2007 to March 2013.

On April 2, 2013, a sales contract was concluded between the Plaintiff and Defendant B that “the Plaintiff sells to Defendant B KRW 104,408,000, in total, KRW 13,051 shares of common shares per share of KRW 8,000 per share.”

E Around April 4, 2013, the Financial Supervisory Service reported a shareholder change to the effect that “The number of the Plaintiff’s shares was reduced from 110,894 shares to 97,843 shares due to the acquisition of shares between the Plaintiff and the Defendant B, and the previous Defendant B, who was not a shareholder of E, newly acquired shares of 13,051 shares.”

E Around August 5, 2013, the Financial Supervisory Service reported the change in the share of major shareholders (related parties) to the effect that “The number of the Plaintiff’s shares was reduced from 97,843 shares to 53,843 shares as of August 2, 2013 due to the acquisition of shares between the Plaintiff, Defendant C, and D, and that “The number of Defendant C’s shares increased from 20,88 shares to 42,88 shares, and the number of Defendant C’s shares increased from 12,00 shares to 34,00 shares, respectively.”

The E shares at issue in this case are unlisted shares for which stock certificates have not been issued.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3-1 and 6-1 and 3-6, and the plaintiff's claim to purchase and sell shares against the defendant Eul, asserting the purport of the entire pleadings, entered into a sales contract with the defendant Eul as to the E- 13,051 shares owned by the plaintiff. As such, the defendant Eul entered into a sales contract with the plaintiff as to the purchase price of 104,408,000 won and its claim.

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