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(영문) 서울남부지방법원 2018.10.05 2017가합111421

주주지위확인의 소

Text

1. The plaintiff's claim against the defendant B, C, and D is dismissed, respectively.

2. Paragraph 5. of the attached list between the Plaintiff and Defendant E.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a corporation established on June 19, 2009 for the purpose of marine cargo transport business, etc. H (total number of outstanding shares: 120,000 common shares: hereinafter “H”).

(i) A corporation incorporated on February 21, 2014 (total number of outstanding shares: 120,000 shares, hereinafter referred to as “I”) for the purposes of the maritime cargo transport business, the distribution of petroleum products, wholesale and retail business, and the export and import business.

(2) Defendant B is the spouse of Defendant B and Defendant D are the children of Defendant B, and Defendant E is the F, the seat of Defendant B.

B. 1) On April 25, 2006, the Plaintiff (i) along with J and K on April 25, 2006, L Co., Ltd. (former trade name: M: hereinafter “L”)

(2) On June 19, 2009, the Plaintiff established a general meeting of promoters and Defendant B as the promoters of H on June 18, 2009, appointed the Plaintiff as the directors of H, and appointed the Plaintiff as the representative director, and established H on June 19, 2009, with the number of shares issued as 10,000 shares (5,000 won per share, 5,000 won, 5,000 won, and 5,000 won).

3) On December 18, 2009, H decided to hold a temporary general meeting of shareholders to change the total number of shares to be issued at 1 million won and to issue new shares of 50,000 shares (5,000 won per share). Of 50,000 shares, H acquired the remainder of 15,000 shares by the Plaintiff, and Defendant B acquired the shares. 4) on October 25, 2010, H decided to hold a temporary general meeting of shareholders to issue new shares of 60,000 shares (5,000 won per share). Of H’s new shares 60,000 shares, 45,000 shares of H acquired the shares and the remainder of 15,00 shares.

5 The Plaintiff on September 2, 2013.