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(영문) 서울남부지방법원 2019.07.25 2018나57078
회사에 관한 소송
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, H, I, J, and K decided to establish G Co., Ltd. with the purpose of manufacturing, selling, wholesale and retail business, etc. of the oral shelf film (general food, health food, general medicine, general medicine, and prescription medicine) (hereinafter “non-party company”).

B. On March 31, 2017, the Plaintiff, as the representative of promoters, holds a general meeting of promoters, paid the price of KRW 100 million per share for 200,000 outstanding shares (50 won per share) to the Plaintiff, and completed the registration of incorporation of the non-party company on April 3, 2017, and was appointed as an internal director.

[Attachment 1] 126,00 0,00 13,000 13 2 L 16,000 8,000 8,000 4 4,000 30 3,000 3,000 300 3,000 30 6,000 3,000 30 6,000 30 6,000 36,000 60 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 7,000 7,000,000 00,000

C. The register of shareholders of the non-party company entered 21 persons, including the plaintiff, as listed below, as shareholders. The non-party company’s shareholder registry prepared a written confirmation stating that L, M, N,O, I (P), J (S), Q, R, K (T, M), V (W), X, and Y “The verified persons are the shareholders of the non-party company in the form of the non-party company, and give up their rights as shareholders because they could not pay their shares.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, 18, and 19, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that at the time of the incorporation of the non-party company, the plaintiff lent 7,00,000 won (=1,400 shares x 500 won) to the defendant at the time of the incorporation of the non-party company.

In regard to this, the defendant, the plaintiff, 10 million won.

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