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(영문) 대전고등법원(청주) 2015.05.12 2014나1349

주주명의변경

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. D was established on May 13, 2008 for the purpose of telecommunications sales business (200 million won at that time), Defendant B was the representative director, and Defendant C (Defendant B’s wife) respectively registered as an auditor.

However, the defendants did not play the role of representative director or auditor, and did not participate in the operation of D.

B. A certified judicial scrivener F handled D establishment work at the Plaintiff’s request, and around May 8, 2008, around three times in the name of Defendant B, the sum of KRW 100 million, KRW 42 million, and KRW 58 million deposited in the account in the name of Defendant B in the name of Defendant B, and thereafter, the said KRW 200 million was deposited in the account in the name of Nonghyup on May 16, 2008, and used as D’s incorporated capital.

Meanwhile, the source of the above KRW 200 million, which was withdrawn from the Plaintiff’s account under the Plaintiff’s name, and KRW 58 million, which was withdrawn from the Defendant’s account under the Defendant B’s name. The source of KRW 58 million, which was withdrawn from the Defendant’s account under the Defendant B’s name, was KRW 47 million and KRW 11 million, which was remitted to the Defendant’s account under the Defendant B’s name on April 30, 2008. < Amended by Presidential Decree No. 20619, May 6, 2008; Presidential Decree No. 20683, May 6, 2008>

C. After that, D increased its capital in KRW 70 million on September 2010, and on September 29, 2010, KRW 500 million was deposited with the capital increased through the Bank’s account in the name of D.

On September 29, 2010, the source of KRW 500 million was KRW 260 million deposited from Defendant B’s account under Defendant B’s name and KRW 240 million deposited from Defendant B’s new bank account. However, the source of KRW 260 million deposited from Defendant B’s account was the money deposited by the Plaintiff on the same day. As to the name of KRW 240 million deposited from Defendant B’s new bank account, the source of KRW 260 million was treated as “the provisional payment system against Plaintiff.”

At present, according to the list of shareholders, Defendant B’s 56,00 shares among the 140,00 shares issued, Defendant C’s 7,00 shares, L [N(N(hereinafter “N”))]

) Each of 38,500 note 38,50 note 8,50 by an employee of theO, M (as the wife of the Plaintiff’s birth P).