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(영문) 서울중앙지방법원 2015.05.22 2014가합21941

주주권확인

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 parties’ status 1) E died on February 9, 2013 (hereinafter “E”) (hereinafter “the deceased”).

The deceased’s heir is the Defendant B, G, the Plaintiff, H, I, J, and K, the wife, and the Plaintiff and Defendant B are double-presidential systems. The Plaintiff and Defendant B are double-presidential systems. 2) The Defendants were registered as shareholders in the register of shareholders of L Co., Ltd. (hereinafter “instant company”). < Amended by Act No. 3173, Jan. 10, 1979; Act No. 4580, May 12, 1995; Act No. 4878, May 12, 1995).

B.O Co., Ltd. and 1) Incorporation Co., Ltd. (the trade name before the change is P Co., Ltd.)

hereinafter referred to as “O”).

(2) On May 27, 1954, the deceased was established for the purpose of original processing and sale, and the deceased was appointed as the representative director at the time of establishment. 2) On May 2, 1974, the company of this case was established by investing 60% by O for the purpose of textile yarn, manufacture and sale of textile materials, and sales, etc., and Q Q Co., Ltd. and Rinco Ltd (hereinafter referred to as “ Q and R”) as Japanese company. The deceased was appointed as the representative director of the company of this case at the time of establishment.

C. On June 21, 1979, the deceased resigned from office as the representative director of the company in this case. On the same day, the defendant B assumed office as the representative director of the corporation in this case until February 28, 1985, and the plaintiff was appointed as the representative director of the corporation in this case until February 28, 1992. 2) on February 28, 1985. The plaintiff was appointed as the representative director of the corporation in this case, and the defendant B was appointed as the representative director of the corporation in this case on March 21, 2012.

From the time of incorporation to December 1981, 1981, the company owned 180,00 shares (1) among the 300,000 shares issued by the company of this case and 60,000 shares (60%) among the 300,000 shares issued by the company of this case, Q and R respectively owned 18,00 shares (20%) and Q and R respectively, and thereafter, the proportion of shares of O, Q and R changed to 80:10 on December 18, 1981, around December 18, 1981, as the proportion of shares ofO increased. 2) R was changed to 32,00 shares to Defendant B, and 28,00 shares to S on December 108.