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(영문) 대전지방법원 2018.06.14 2014나16393
주식배당금
Text

1. The independent party intervenor's appeal is dismissed;

2. The costs of appeal shall be borne by the intervenor of the independent party.

Reasons

1. Basic facts

A. On March 2013, Defendant Company held a regular general meeting of shareholders and decided to distribute 25,000,000 won per share to shareholders.

B. The Plaintiffs each hold 10,00 shares as the shareholders of the Defendant Company, and Plaintiff A and Plaintiff B, on August 3, 201, respectively, have the share certificates of 10,000 shares of the Defendant Company after completing entry into the register of shareholders of the Defendant Company on May 30, 201.

(Plaintiff A: E, Plaintiff B: F.C.

On July 6, 2011, an independent party intervenor (hereinafter referred to as "participating") received a seizure and collection order on the claim amounting to KRW 375,705,81 as Seoul Central District Court No. 29451, the claim amounting to KRW 375,705,815, as Seoul Central District Court No. 29451, and the claim amounting to dividends, etc. on the shares of the defendant company owned by G, and the above order was served on the defendant company on July 8, 201.

[Ground of recognition] without any dispute, Gap evidence Nos. 1 through 3, Byung evidence Nos. 1 and 2 (including a serial number), the order of submission of financial transaction information to the Korea Securities Depository of the first instance court, the whole purport of pleadings, and the purport of the whole pleadings

2. Determination on the plaintiffs' defense prior to the merits - The court's reasoning is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. According to the above facts of determination as to the cause of claim of this case, the plaintiffs are presumed to be lawful holders of share certificates as to the shares of this case, while the defendant company is presumed to be legitimate shareholders through the change of entry in the register of shareholders of the defendant company. Thus, barring any special circumstance, the defendant company is obligated to distribute to the plaintiffs who are shareholders each KRW 25 million according to the resolution of the above regular general meeting of shareholders. The defendant company is obligated to pay to the plaintiffs 25 million won and this.

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