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(영문) 대전지방법원논산지원 2016.04.07 2015가단727

주주권 확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. C and D 2, on February 21, 2007, shall prepare the articles of incorporation of the defendant company for the purpose of manufacturing and selling synthetic resin, etc., and completed the registration of incorporation of the defendant company on February 26, 2007.

C On February 26, 2007, the defendant company director and the representative director, and D were appointed respectively as defendant company director and the defendant company director.

B. The corporate register of the defendant company is registered as D from July 2, 2007 that the plaintiff was appointed as a director on the same day and completed the registration of his taking office on July 4, 2007.

C. According to the register of shareholders prepared by C, the representative director of the Defendant Company, on December 1, 2008, stated that C, among the total of 50,000 shares issued by the Defendant Company (one share amount, KRW 10,000), C, 24,50 shares, and the Plaintiff and E, respectively, hold 12,750 shares.

Meanwhile, according to the statement of changes in stocks, etc. of the defendant company submitted to the tax authorities, among the total 10,00 shares issued by the defendant company as of December 31, 2007, C is held 4,900 shares, and the plaintiff and F are held 2,550 shares, respectively. From December 31, 2008 to December 31, 2008, C is held 24,50 shares, and 12,750 shares, respectively.

E. Around March 2009, the Defendant Company contracted the construction of a new factory on the ground of G and H quantity of land (hereinafter collectively referred to as “each of the instant land”). On March 10, 2009, the Japanese comprehensive construction subcontracted the said construction to I Co., Ltd. (hereinafter “I”) on March 10, 2009, and on the wind that the Defendant Company could not pay the construction cost on the Japanese comprehensive construction in cash, the Japanese comprehensive construction was unable to pay the subcontracted construction cost properly to I.

F. He Co., Ltd., on November 16, 2009, the land owned by the Defendant Company and all shares issued by the Defendant Company to K with the vice president of the I and the person in charge of the above construction site.