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(영문) 광주고등법원 2012.09.12 2011나4611

대여금 등

Text

1.The judgment of the first instance shall be modified as follows:

Of the Plaintiff’s claim against Defendant D, the Defendant from the above Defendant.

Reasons

1. Basic facts

A. H and I, as a couple, had children under the chain, and had both Plaintiff, Defendants, F, and G, and had been engaged in the intermediate wholesale business from around 1979 to J.

B. On January 17, 1996, the above H invested capital together with K, L, M, N, andO, and incorporated the E-U.S. Partnership (hereinafter “instant legal entity”).

C. On January 1, 1999, the above H purchased shares from P (6,100 shares, 9.26 shares), P (7,113 shares, 6.24 shares, Q (7,00 shares, 7,00 shares, 7.62%) R (5, 7.59 percent shares, 7.31 percent shares), K (3,50 shares, 5.31 percent shares), and 25,713 shares of each of them (the plaintiff provided joint and several sureties for the payment obligation of the purchase price of shares), around December 2001, from S purchased shares of 3,00 shares (4.5%) and shares of 28,713 shares in the name of the above 100 shares, and the remainder of the shares was transferred under the name of the above 10,713 shares.

As a result of the above purchase, the above H 23,50 shares out of the total number of 65,910 shares of the corporation of this case (i.e., 10,00 shares purchased in the previous 13,50 shares, 35.65 percent shares), Defendant B, a female, owned 18,713 shares (i.e., 18,713 shares purchased in the previous 0 shares, 28.39 percent shares), and the Plaintiff, a female, owned 23,50 shares (no shares change, 35.65 percent shares), and the remaining shares were distributed to other union members.

E. On February 4, 2008, the above H transferred the Plaintiff’s name of 23,500 shares of investment to his wife and died on February 8, 2008.

F. On June 18, 2008, the above 23,500 accounts were re-transfered to the deceased H’s heir according to the inheritance share ratio (the above 3/15, the wife, the Plaintiff, the Defendants, the above F, and the above 2/15). The Plaintiff 26,633 accounts (=the previous 23,50 accounts inheritance 3,133 accounts), the above I 4,700 accounts, the defendant B 21,847 accounts (the previous 18,713 accounts inheritance 3,134 accounts), the defendant C, D, and the above G 3,13 accounts, and the above F 3,134 accounts.

G. On December 25, 2008, Defendant B, C, I, G, and F own shares.