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(영문) 서울고등법원 2017.07.14 2016나2074539

이익배당 청구등

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1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The total number of shares issued by Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) to a company established on December 20, 1991 is KRW 5,00 (ordinary shares) and KRW 10,000 (ordinary shares).

B. The Plaintiffs and Defendant E, F and G, H, I, J, and K (hereinafter “establishers”) are the persons who purchased each factory site in X or R in the Nam-gu Incheon Metropolitan City from the Korea Land Development Corporation around December 22, 1990 in order to operate each gold factory individually.

The above 10 persons established the defendant company to jointly carry out the wastewater treatment business that is essential to each Do factory, and each 500 shares of the defendant company were owned by each 500 shares of the defendant company around 192.

Defendant E 10,000 won for 10,000 won for 10,000 won for 10,000 won for 10,000 won for each share of the amount paid for 10,000 won for 3 L 1,000 10,000 won for 10,000 won for 10,000 won for 10,000 won for 4 M 750 10,500 won for 7,500,000 won for 2,50,000 won for 2,50,000 won for 2,50,000 won for 6N10,000 won for 10,0000 won for 10,0000 won for 10,0000 won for 10,0000 won for 10,000 won for 10,000 won for each share of shareholders.

C. A shareholder on the shareholder registry around June 9, 2015 of the Defendant Company is listed as follows:

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, 5, and 7 (including each number, and unless there is any special reference; hereinafter the same shall apply)

2. The plaintiffs' assertion

A. Plaintiff C’s claim against Defendant E did not transfer 35 shares out of 500 shares of the Defendant Company to Defendant E.

Plaintiff

The Plaintiff C’s stamp image affixed on April 10, 1999 on the share transfer contract (No. 2-1) for the transfer of 335 shares of the Defendant Company to Defendant E is not based on the Plaintiff C’s seal, but based on the Plaintiff C’s seal, and if it was based on the Plaintiff C’s seal, it was forged by using the seal in light of the following: (a) the factory owned by the said Plaintiff was operated on April 10, 1999; and (b) the sales amount was excessively small.

Even if the above share transfer contract is genuine.