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(영문) 청주지방법원충주지원 2019.09.05 2019가합5178 (1)
주주지위확인 등
Text

1. All of the plaintiffs' claims for confirmation of shareholder status among the lawsuit of this case are dismissed.

2. The plaintiff B.

Reasons

Basic Facts

Since March 9, 2016, the total number of shares issued by the defendant was 50,000 shares (10,000 shares per share) and the alteration registration was completed on May 23, 2019 that increased the total number of shares issued by the defendant by 99,00 shares.

The statement of changes in stocks, etc. reported by the Defendant on March 31, 2017 to the Cheongju Tax Office stated that Plaintiff A and D hold 25,000 shares of the Defendant, respectively, and that E (F prior to the opening of name) as the representative director of the Defendant’s company on June 12, 2017 also entered the same purport in the Defendant’s register of shareholders as the Defendant’s representative director.

As of August 6, 2017, the defendant dismissed F from the representative director as of August 6, 2017, and passed a resolution of the general meeting of shareholders that appointed D as the representative director. At that time, D (18,750 shares), G (7,500 shares), and H (5,000 shares) were present as the defendant's shareholder.

In addition, as of August 7, 2017, the register of shareholders prepared by D as the qualification of the defendant representative director also includes that Plaintiff A and D hold 18,750 shares, G 7,500 shares, and H hold 5,00 shares.

The court above C.

On August 6, 2017, the date of the general meeting of shareholders indicated in the Paragraph (1), under the premise that the shareholder on the Defendant’s shareholder’s list is the Plaintiff A and D (each of 25,000 shares), the said judgment was issued on August 6, 2017 on the ground that the shareholder’s general meeting was convened by D, rather than the convening authority, and that G and H were present and exercised voting rights. The said judgment became final and conclusive on May 31, 2018 on the ground that the Defendant Company appealed, but the appeal was dismissed.

[Cheongju District Court Decision 2017Gahap556, Daejeon High Court 2018Na2821] Accordingly, the registration of appointment of representative director for D was cancelled on January 14, 2019, and E’s registration of appointment of representative director was restored.

On March 31, 2018, the statement of changes in stocks, etc. reported by the Defendant to the Cheongju Tax Office on March 31, 2018 includes that G and H transfer of all their shares to I and that Plaintiff A and D own 18,750 shares, respectively, and I hold 12,50 shares.

And June 1, 2018.

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