주식반환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 27, 1999, prior to the incorporation of C Co., Ltd. (hereinafter “instant company”), the Plaintiff requested the Defendant (the promoters were shareholders at the time of the establishment of the said company, and the representative director was appointed on July 5, 2000), who was preparing for the establishment of the said company, to make an investment in the said company’s shares, and transferred the amount of KRW 18 million to the Defendant’s account. The Plaintiff again requested the Defendant on June 20, 2001, prior to the capital increase with new shares issued on June 25, 2001, and additionally transferred the amount of KRW 2 million to the Defendant’s account.
B. On June 25, 201, the above capital increase date, the Defendant prepared a certificate of stock custody that the said company keeps 4,000 common shares shares owned by the Plaintiff in the name of the representative director of the instant company on June 25, 201.
C. Of the shares issued by the instant company, an ordinary share holder was not issued at a par value of KRW 5,00,000 at the time of incorporation, and thereafter a share certificate was issued at a par value of KRW 500 on May 1, 2012. At the time of incorporation of the said company, the shares owned by the Plaintiff were stated at KRW 1,000, and the shares owned by the Plaintiff stated in the statement on the change of shares reported by the said company to the competent tax office was also KRW 5,000 per common share until 2011.
On March 22, 2012, the Plaintiff argued to the Defendant that the shares owned by the Plaintiff on the shareholder registry of the said company do not exceed 1,000 shares prior to the general meeting of shareholders of the said company.
Accordingly, on March 22, 2012, the date of the general meeting of shareholders, the Defendant: (a) returned to the Plaintiff KRW 15 million, which was not invested in shares of KRW 20 million between the Plaintiff and the Plaintiff; and (b) agreed that the Plaintiff may acquire shares of KRW 15 million per share from D, a shareholder of the said company, in addition to KRW 10,00 per share.