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(영문) 서울고등법원 2016.06.03 2015나7154

주주권확인 등

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1. The part concerning the preliminary claim among the judgment of the first instance is revoked.

2. The Defendant’s KRW 1,350,000 and KRW 1,3500.

Reasons

1. Basic facts

A. The Defendant is a stock company established on December 13, 2007 for the purpose of developing and selling software and contents.

As of May 12, 201, the total number of shares issued by the Defendant was 6,390,000 shares (50 won per share, the amount per share at the time of establishment was 5,000 won, but the amount per share was changed to 500 won per share at par on May 3, 201, hereinafter the same shall apply) as of December 30, 201, and 7,590,000 shares as of December 30, 201.

On the other hand, C was appointed as the representative director of the defendant on May 18, 2009 and resigned on August 20, 2013.

B. On May 24, 201, C entered into a share transfer contract with the intent to transfer 3,258,90 shares of the Defendant’s common shares (in a state where share certificates are not issued) owned by D (hereinafter “first share transfer contract”).

The above contract (hereinafter referred to as the “first stock transfer contract”) was accompanied by a special agreement stating that “if the entire amount of a monetary loan for consumption between D and E (hereinafter referred to as “E”) is terminated, the contract for the first stock transfer of this case shall be null and void,” and a certificate of personal seal impression of C, the Defendant’s shareholder registry, and a certificate of corporate seal impression.

On May 26, 2011, a notary public granted a fixed date (No. 204) from a mid- to mid-term general law firm (No. 204) on a share transfer agreement and each document attached thereto.

(No. 3). (c)

On June 25, 2012, the Plaintiff entered into a share transfer contract (hereinafter “instant share transfer contract”) with the content that the Defendant’s common shares should be transferred 1,800,000 shares (hereinafter “instant shares transfer contract”).

The above contract (hereinafter “instant contract for stock transfer”) was accompanied by C’s certificate of personal seal impression as of May 30, 2012, and the Defendant’s list of shareholders as of May 30, 2012.

No. 2. of this case