beta
(영문) 울산지방법원 2016.12.14 2016가합21359

주주권확인 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Based on facts, Defendant D formed with F (Defendant D’s wife prior to his name), G, H, I (former name: J), K, L (former name: M), N, P, P, Q, Q, R, T, U (former name prior to his name), W (former: V), W (former name: X prior to his name), Y (Z: Z prior to his name), and began to live together in the farm located in Yangsan City A, etc.

(The above real estate was entrusted in the name of AB by the Defendant D upon the request of each type. After that, the O left the above community around 1994, P and Q around 196.

The facts with no dispute, Eul evidence Nos. 2-1, 2, and the purport of the entire pleadings. The defendant D and the above 16 persons commenced the industrial modernization production and sale business with the trade name of "C" as the representative of "C" around April 20, 1990. Around 191, the representative was replaced by O, but the "C" was changed to the defendant C Co., Ltd., a corporation on October 16, 1993 (hereinafter "the defendant company").

Nos. 1, 34 of A, L,O, Y, N, R, P, S, and Defendant D were promoters for the establishment of the Defendant Company, and in order to prepare a minimum amount of KRW 50,000,000,000,000 from May 14, 1993 to pay the Defendant Company’s capital.

On May 13, 1994, the Defendant Company acquired 40,000 won of the remainder of the loans of KRW 50,000,000, which was loaned by the O to convert into a legal entity. The Defendant Company repaid all of them on March 25, 1995.

Defendant Company increased 850,000,000 won in total by January 9, 2008 as earned surplus.

At the time of incorporation of the Defendant Company, Defendant D owned 51% (=5,100 note/10,00 note), L,O (the primary representative director of the Defendant Company), Y, N, R, P, and S owned 7% (=700 note/10,00 note) of each of the shares of the Defendant Company.

After that, the defendant D 65% (=17,000 note/180,000 note) at present through the above capital increase and N, L gifts, etc. after withdrawal from O, P, and Q, and through L.