Disputes between persons who are not members of the company but have transactions on the transfer of contributed capital amounts with company members
Contents of the case: On January 23, 2018, Mr. T transferred 45% of the value of the stone mill at the price of 2,700,000,000 VND to Mr. C, paying by transferring 200,000 shares, equivalent to 10% of his contributed capital. Mr. C then discovered that this stone crusher was owned by Company H1, so he made a document to cancel all the transfer and send to Mr. T and K joint-stock company. is not done. On February 9, 2018, Mr. C borrowed VND 1,600,000,000 from Mr. T (actually only borrowed VND 900,000,000) and made a contract to transfer 200,000 shares to secure the loan. After that, company K's general meeting of shareholders, Mr. C discovered that Mr. T used Mr. C's shares as collateral to re-elect the members of the Board of Directors, affecting his interests. So, Mr. C sued and requested the Court to cancel the share transfer contract, cancel the legal value of the share ownership certificate issued to Mr. T.
The People's Court of first instance declared: Uncle Nguyen Tran C's petition to sue all. After that, Mr. C appealed the entire first-instance verdict.
The People's Court at the appellate level judged that: The transfer of shares to Mr. T by Mr. C voluntarily has been certified as legal by the Notary Public Office D. After the first-instance trial, the plaintiff provided a deposit slip dated April 2, 2018 in the amount of VND 32,000,000 and a deposit dated January 30, 2019 with the amount of VND 1,760,000,000 at Asia Bank. Chau to pay for Mr. Cao Manh T. But consider, this case was filed by Mr. Nguyen Tran C, the amount of VND 1,760,000,000 filed after the first instance trial. The defendant side disagrees and asks to be separated for later resolution. Therefore, the Court of Appeal has no basis to resolve, the parties settle or initiate a lawsuit with another case.
The People's Court of the Appellate Court declared: Not to accept the plaintiff Mr C's appeal and uphold the first-instance judgment pronounced. Dismissing all of Mr. Nguyen Tran C's lawsuit on the request to cancel the share transfer contract between Mr. C and Mr. T on January 23, 2018, cancel the legal value of the share ownership certificate No. 009 / GCNSHCP-K was issued by K Joint Stock Company on January 23, 2018, canceled the share transfer contract between Mr. C and Mr. T on February 9, 2018, canceled the legal value of the share ownership certificate. No. 010 / GCNSHCP-K issued by Company K on February 8, 2018.
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