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(영문) 대전지방법원 2016.10.13 2015가단219143
양수금
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2015, the Plaintiff transferred the shares listed in the separate sheet (hereinafter “instant shares”) to the Defendants as follows:

(hereinafter “each acquisition agreement of this case”). Defendant B 2,000 transfer price per share of the transfer shares of Defendant C 4,000 transfer price of KRW 20,000 per share of the transfer shares, Defendant C 40,000 per share of KRW 40,000,000 KRW 10,000 per share of Defendant D20,000 KRW 20,000,000 KRW 20,000 per share of the transfer shares of Defendant E2,000 KRW 10,000.

B. On August 7, 2015, the Plaintiff sent a notice of transfer to F Co., Ltd. (hereinafter “Nonindicted Company”) which is the issuing company of the instant shares to the effect that the instant shares are transferred in the same manner as the instant paragraph (a). Around that time, the Plaintiff was served on Nonparty Company.

C. As of February 25, 2014, the Plaintiff’s shareholder registry of Nonparty Company stated that the Plaintiff owns 10,000 shares of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to pay the Plaintiff each amount stated in the purport of the claim as the share price of this case.

3. Invalidity assertion due to the defendant's false declaration of agreement;

A. Each acquisition contract of this case by the defendant is for the convenience of share transfer, and the defendants are also null and void under a contract concluded with the knowledge that it is a contract for transfer for change of shareholder's name, not a transfer for consideration. Thus, the plaintiff's claim for transfer price of this case cannot be complied with.

B. Each of the above evidence, evidence No. 5, evidence No. 1-2, evidence No. 1-2, and evidence No. 2-1, and evidence No. 2-2, and witness G G’s testimony are as follows. In other words, G and the Plaintiff established a sub-committee on February 5, 2013. According to the agreement between G and H, it appears that the representative director of the non-party company and the 10,000 shares of the instant case were to be made in the name of the Plaintiff. ② At the time of incorporation of the non-party company, G was to be established in the Plaintiff.

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