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(영문) 청주지방법원충주지원 2019.01.31 2018가합5119

손해배상(기)

Text

1. The defendant shall pay to the plaintiff KRW 181,972,80 among the above amounts and KRW 181,972,800 from July 5, 2013, and KRW 9,00 from July 5, 2013.

Reasons

The plaintiff's primary assertion C and D held 50% of the defendant's shares in establishing the defendant respectively, and held 5% of each share in title trust to E.

The Plaintiff acquired 5% of the Defendant’s shares held in title C from C to E (the total number of the Defendant’s shares at that time is 10,000 shares and 50% shares) and requested the Defendant to change the title several times.

However, the defendant unfairly rejected the change of entry.

On October 29, 2009, the Defendant became 2,000 shares issued in title trust in the name of E acquired by the Plaintiff by implementing free capital increase.

The plaintiff filed a lawsuit against the defendant and Eul stating that "C has transferred the above 2,00 shares to the plaintiff, and the defendant is obligated to implement the transfer procedure to change the shareholders on the register of shareholders to the plaintiff as to the above 2,000 shares," and won the lawsuit, and became a shareholder on the register of shareholders as to the above 2,00 shares.

However, on July 4, 2013, the Defendant issued the Defendant’s new shares 60,000 shares prior to the lawsuit, and allocated new shares in proportion to the number of shares owned by the shareholder. The Defendant unfairly rejected the Plaintiff’s transfer claim, thereby the Plaintiff was not a shareholder at the time of the Plaintiff’s entry, and accordingly, the Plaintiff was not able to accept the new shares with 3,00 shares.

In addition, the Defendant decided to pay dividends to shareholders recorded in the register of shareholders without unfairly stating the Plaintiff as shareholders on the register of shareholders. On March 30, 2015, the Defendant paid dividends of KRW 18 million for the year 2014, and KRW 18 million for the year 2015, to E, including 5% of the shares of the Defendant Company that the Plaintiff acquired, with dividends of KRW 10,000,000 for the year 2015, respectively.

Although the defendant should have paid 50% of the above dividends to the plaintiff who holds 5% of the total number of issued shares, the change of entry is unjust.