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(영문) 인천지방법원 2016.09.30 2015가합53687

이익배당 청구등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. Of the litigation costs, Plaintiff A and Defendant D, F.

Reasons

1. Basic facts

A. The total number of shares issued by Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) is 5,000 shares a common share of 5,00 shares, and the par value per share is 10,000 won.

B. The Plaintiff C, B, A, and Defendant E, F, G, H, I, J, and K owned each 50 shares of the Defendant Company around 1992.

Defendant E 10,00,000 Won 10,000 per share payment amount of Defendant E 1’s amount of KRW 10,000 per share of the number of shareholders, as above, KRW 3 L 1,000 per share of KRW 10,00,000 per share of KRW 330,000 per share of KRW 10,000 per share as above, and KRW 7,500,000 per share of KRW 7,000 per share of KRW 2,50,000 per share of KRW 6N1,00 per share as above, as above, KRW 5,000 per share of KRW 5,000 per share of KRW 5,000 per share of KRW 5,000 per share of KRW 10,000 per share of KRW 10,000.

C. The shareholders listed on the register of shareholders around June 9, 2015 of the Defendant Company are as follows:

[Ground of Recognition] Facts without dispute, Gap evidence 3-1, 2, Eul evidence 1, Eul evidence 5-1, 2, and Eul evidence 7

2. The plaintiffs' assertion

A. Plaintiff C’s claim against Defendant E did not transfer 35 shares out of 500 shares of Defendant Company to Defendant E.

The Plaintiff’s seal affixed on April 10, 199 to the share transfer contract of the Defendant Company’s 335 shares to Defendant E is not by the Plaintiff’s seal, but by the Plaintiff’s seal. If the Plaintiff’s seal was affixed, it was forged by theft in light of the following: (a) the factory owned by the Plaintiff was operated on April 10, 1999; and (b) the sales amount was excessively small.

Therefore, among the 1,000 shares of the Defendant Company, which are opened in the name of Defendant E, 335 shares of the 1,000 shares of the Defendant Company are still the Plaintiff, and Defendant E is dissatisfied with this, it is sought to confirm that the shares are owned by the Plaintiff.

B. In relation to the Plaintiff’s claim against Defendant E, the Plaintiff did not transfer 500 shares of the Defendant Company owned to Defendant E.

On December 2, 1997, the Plaintiff transferred 50 shares of O to Defendant E.