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(영문) 서울고등법원 2015.07.03 2014나43894

주주지위확인 등

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) K and the Defendant L Company are dismissed.

2...

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1-1-1-2, Gap evidence 2-2, Gap evidence 3-1, 2, Gap evidence 4-6, Gap evidence 9, Gap evidence 11-15, Gap evidence 16, Gap evidence 17-1 through 3, Eul evidence 5-1-5, Eul evidence 19, Eul evidence 21-21-3, Eul evidence 22-1, Eul evidence 34-2, Eul evidence 34-1, part of the first instance court's Ma witness's testimony, the fact inquiry results on the defendant's domestic bank, and the whole purport of the first instance court's order to submit tax information as a result of the response to the defendant's domestic bank, and the purport of the first instance court's order to submit tax information as a whole.

Defendant K’s share transfer contract 1) Defendant L Company (hereinafter “Defendant Company”)

A) A share of KRW 50 million (hereinafter “O shares”) issued from the net Q on July 21, 2009 is one share of KRW 50 million (hereinafter “O shares”).

2) The Plaintiff asserted that the Plaintiff acquired the transfer and filed a lawsuit against the Plaintiff seeking the implementation of the transfer procedure (U.S. District Court Decision 2009Gahap5718). The Plaintiff, the wife of the Defendant Q, intended to resolve the acquisition of the Defendant Company through the Defendant K, which was in Y’s relationship with the Defendant Company, in the instant lawsuit. (2) Defendant K paid KRW 500,000 to the Defendant K on February 12, 2010, with the amount of KRW 500,000,000, as a condition to suspend the acquisition of the Defendant Company’s issued shares, and “Defendant K does not object to the Defendant Company’s exercise of all rights related to the O shares.”

3) Accordingly, Defendant K through the mediation of M on February 26, 2010 and March 2, 2010, through the mediation of M, 20,000 shares issued by Defendant K, which are shares not issued by the Plaintiffs and 20,000 shares (the par value per share 5,00 won, below) as shown in the separate sheet from the Plaintiffs.