(영문) 서울남부지방법원 2018.04.06 2017가단216749

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.04.06 2017가단216749

주식반환

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to the principal lawsuit

A. The Plaintiff’s assertion, on July 20, 2015, maintained the name of the representative director of the non-party company only until the end of December, 2015, and maintained his/her status as the loan obligor for the funds to be used by the non-party company. In return, the Plaintiff was appointed as the representative director of the non-party company upon receipt of a proposal from the non-party company to receive 35% shares of the company. However, the Plaintiff was unable to escape from the status of the loan obligor due to the lack of progress in the business of the non-party company, and the Defendant failed to pay the loan lender at once, resulting in a decline in credit rating of the Plaintiff.

Therefore, even though the Plaintiff demanded the Defendant to resign from the representative director and change the status of the debtor on November 26, 2015, and transferred 3,500 shares of the non-party company owned by the Plaintiff to the Defendant on the condition that the representative director resign and change the status of the debtor, the Defendant did not change the status of the debtor and pay interest, unlike the original promise.

Therefore, in December 2016, the Plaintiff notified the Defendant of the cancellation of the share transfer contract of the above 3,500 shares (hereinafter “instant shares”) on the ground of the Defendant’s nonperformance of obligation. Even if not, the Plaintiff’s delivery of the copy of the instant complaint is the cancellation of the said share transfer contract, and the Defendant, as the restitution following the cancellation of the contract, must return the instant shares to the Plaintiff.

B. The defendant's assertion that the non-party company was successful in the project site and paid down payment, and the defendant accepted the above company. Upon recommendation from D, the plaintiff takes office as the representative director in the name of the plaintiff and borrowed the remainder of the successful bid as the loan obligor. However, it is necessary that the representative director holds the shares in the form of shares, and therefore, the shares of this case are held in the name of

유사 판례

-대구지방법원김천지원 2020.02.14 2017가합15327

-서울중앙지방법원 2014.06.11 2013가단5039752

-수원지방법원 2017. 5. 12. 선고 2016나5969 판결

-서울중앙지방법원 2017.12.13 2017가단15001

-서울고등법원 2005. 7. 13. 선고 2004나59364 판결