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(영문) 부산고등법원(창원) 2016.10.06 2016나21790

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by H.

purport.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The defendant asserts that the lawsuit of this case filed by H on behalf of the plaintiff is unlawful, since H is not a legitimate representative of the plaintiff.

B. Facts of recognition 1) The Plaintiff is a corporation for the purpose of collecting and collecting earth and rocks and selling earth and rocks, etc., and operated by one of the former joint representative directors E. The Plaintiff was changed to “A” corporation as of December 27, 2004.

On the same day I was appointed as the representative director of the plaintiff, H and J respectively.

B) The Plaintiff’s total issued shares are 70,000 shares, and from December 28, 2004 to December 31, 2004, the Plaintiff’s shareholder was 28,000 shares, 24,500 shares, 17,50 shares, each of which was 28,00 shares, 28,00 shares, 24,50 shares, 17,500 shares, and F was appointed to the representative director on May 6, 2005.

2) On June 20, 2005, shareholder I transferred 14,000 shares of the shares owned by F, which are part of the shares owned by F, to F, KRW 70 million per share. The shareholder J transferred 17,500 shares of the shares owned by F on the same day to F for KRW 87,500,000. The shareholder H transferred 280 shares of the shares owned by F on the same day, which are part of the shares owned by F, KRW 14,00,00,000, and KRW 1400,000,00 shares of the shares owned by F on the same day.

B) Around June 2005, the Plaintiff: (a) around June 3005, drafted a shareholder registry consisting of “70,000 shares; (b) 34,300 shares; (c) 49 percent shares; (b) 20,300 shares; (c) 14,00 shares; and (c) 1,400 shares in shareholders; and (c) 2 percent shares in shareholders. The Plaintiff was appointed as the Plaintiff’s director on June 30, 2005.

3) Upon delegation from shareholders H and I on December 5, 2005, E drafted a letter of waiver of shares, “H on November 24, 2005, I shall recognize and consent to the letter of waiver of shares; H (a seal) I (a seal).” The Plaintiff’s letter of waiver of shares.