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(영문) 서울중앙지방법원 2017.11.02 2017가합545417

주주권 확인 등 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant was established on July 26, 1956 and listed on December 199, and on August 1, 2006, the trade name was changed from the present name of "C Co., Ltd.".

B. The total number of the shares issued as of January 1, 1985 was KRW 3,500,000 for ordinary shares, KRW 1,500 for each share, and KRW 3,500,000 for the amount of capital. On February 10, 1986, the shares were consolidated with the amount of KRW 1,000 for 10,000 for 1,000 for the total amount of shares issued as of February 1, 1986, and then the shares were 350,000 for the total amount of shares issued as of January 1, 198, and the amount of capital was KRW 3,50,000 for each share, and the amount of capital was 3,50,000 for each share.

After that, the defendant had several free capital and the share split (one share amount was 5,000 won after the split on November 9, 1996, and one share amount was changed to 500 won after the split on July 10, 2006). Since July 10, 2006, the total number of the shares issued by the defendant is 22,137,50 shares of ordinary shares and 500 shares of common shares, and the share amount is 11,068,750,000 won.

C. From January 1, 1985 to February 10, 1986, the shareholders on the shareholder registry were D (910,000, 26%) E (45,000, 13%) F (840,000, 24%) G (875,000, 25%) and H (420,000, 12%).

[Ground of recognition] Evidence No. 1, Evidence No. 4, Evidence No. 1-4, Evidence No. 1-2, Evidence No. 2-1, and the purport of the whole pleadings and arguments

2. The plaintiff's assertion and judgment thereon

A. The gist of the Plaintiff’s assertion is the cause of the instant claim. Around 1985, the Plaintiff, who was the former husband of the Plaintiff, invested the Defendant Company’s business funds, received in return for the transfer of the non-listed shares listed in attached Table 1 (hereinafter “instant shares”) from the Defendant Company. Around that time, the Plaintiff transferred the instant shares to the wife and issued the instant shares, and the Plaintiff acquired the rights as a shareholder of the instant shares by receiving the instant shares from the deceasedI, and during that period, he was forgotten with the fact that the instant shares were transferred to the Defendant Company, but even if so, the rights as a shareholder.