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(영문) 광주지방법원순천지원 2015.06.11 2014가단9339
주주명부명의개서절차이행
Text

1. Defendant B and C are 10.0 billion won per registered ordinary shares of 4,000 shares of the issuance of D Co., Ltd. to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant Company was established on October 2, 2006 for the purpose of general cargo transportation business, etc., and the trade name was changed from Co., Ltd. E to D on April 27, 2011. (2) The Defendant Company held office as a director of the Defendant Company from March 9, 2007 to April 25, 201 (as between March 9, 2007 and April 25, 201, the Defendant Company did not have a representative director of the Defendant Company, and Defendant B was a sole director of the Defendant Company) and from April 26, 201 to April 25, 201.

Defendant C served as an auditor of the Defendant Company from March 9, 2007 to April 25, 201, and is serving as a director from April 26, 201 and as a joint representative director from February 22, 2013.

3) Of the total number of shares issued by Defendant Company 10,000 (10,000 won per share), Defendant B owned 7,500 shares, and Defendant C owned 2,500 shares, respectively. (b) The Plaintiff and the Defendants signed a transportation subcontract arrangement agreement between the Plaintiff and the Defendants, around December 6, 2010, in order for the Defendant Company to obtain a subcontract, the entire volume of the cargo to be received by the small and medium enterprise Co., Ltd. (hereinafter referred to as “small and medium enterprise”) from the Posa (hereinafter referred to as “Sposab”) around December 6, 2010, the Plaintiff arranged a “transport subcontract agreement agreement” in which the Plaintiff would transfer shares to the Plaintiff in return for the transfer of shares, ensure the distribution of profits from the transfer of shares, and pay a separate amount of KRW 200 million.

(F) At the time, the Plaintiff and the Defendant Company agreed on the shares to be acquired by the Plaintiff to be 40% and agreed on the transfer of 10% of them to a third party, and entered 30% of the shares to be received by the Plaintiff in a written subcontract agreement for carriage, taking into account the possibility that the Plaintiff would transfer the shares to be acquired by the Plaintiff to a third party.

2 The Defendants are from November 23, 2010 to April 29, 201 to the Plaintiff’s side four times during the period from April 2011.

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