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(영문) 서울고등법원 2016.05.12 2015나2049147

신주인수권반환 청구

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1. All appeals filed by the plaintiffs against defendant D and appeals filed by defendant C are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. Status 1 of the Parties E Co., Ltd. (hereinafter “E”).

(2) The majority shareholder holding 1,938,000 shares of E (42.69%) out of the outstanding shares of E, who was established on March 4, 1994 for the purpose of manufacturing and construction business of steel structures and listed on the KOSDAQ market on October 26, 2010. The total number of shares issued of E is KRW 4,540,083, the total amount of capital is KRW 220,70,500, and KRW 2200,000, the total amount of capital is KRW 1,938,000.

F is a shareholder who holds 320,571 shares issued by E (7.06%) and has held the position of director, representative director, etc. of E from the time of establishment of E with Plaintiff A.

3) Defendant C’s “P” was changed to “P” on April 19, 2013, and changed to “P” on July 10, 2013, and changed to “C” on July 10, 2013 (hereinafter “Defendant Company”).

(1) A company established for the purpose of lighting design business, electrical construction business, etc. on June 29, 2004. The total number of outstanding shares is KRW 200,000, and the total amount of capital is KRW 1.00 billion. Defendant D is the largest shareholder who holds 144,000 (72% of the outstanding shares of the Defendant company) from April 23, 2013 to July 4, 2014, as the inside director of the Defendant company; from July 25, 2013 to July 4, 2014, as the representative director of the Defendant company; K is a person who performs his/her duties as the representative director of the Defendant company from April 23, 2013 to November 4, 2013; b) the total amount of outstanding shares is KRW 144,000,0000 (70,000,000 won) and KRW 20,000,00).