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Reasons
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(영문) 서울서부지방법원 2017.08.24 2016가합2246
주주권확인청구
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1. Between the Plaintiff and the Defendants, the face value of KRW 5,000 issued by Defendant F is 180,000 ordinary shares.

Reasons

1. Facts of recognition;

A. At the time of incorporation of Defendant F Co., Ltd. (hereinafter “Defendant Company”) as a company established for the purpose of land processing and export-import business and hotel operation business, the authorized capital was KRW 900 million, and the total number of issued stocks was KRW 180,000, and on May 17, 2016, the authorized capital was changed to KRW 1 billion, and the total number of issued stocks was changed to KRW 200,000,000, respectively.

On the other hand, at the time of incorporation, Defendant B owned 15,200 shares out of 180,00 shares of Defendant C, 55,800 shares, respectively.

B. On June 24, 2012, G Co., Ltd. (hereinafter “G”) entered into a business license transfer agreement with H to transfer business rights and license rights and business rights owned by G (hereinafter “instant business rights”) between G and H (hereinafter “H”).

C. On April 14, 2014, H an agreement implementation agreement between H and the Defendant Company 1) provides that H transfer of the instant business right that H acquired from G between the Defendant Company and the Defendant Company shall be made to the Defendant Company, and that H shall keep the shares of the Defendant Company as a security for the transfer price of business right (hereinafter “instant agreement implementation agreement”).

2) Since April 30, 2014, H and Defendant Company concluded a written withdrawal of the instant agreement to the effect that “In order to invalidate the instant agreement implementation agreement as of April 14, 2014, H and Defendant Company shall withdraw and reverse the original agreement, and the instant agreement shall be revoked.”

As of May 14, 2014, the Plaintiff entered into a share transfer contract between the Plaintiff and Defendant B, C, and D is Defendant B, C, and D (hereinafter referred to as “Defendant B, etc.”) as of May 14, 2014.

B) As between Defendant B and the entire shares of Defendant Company (Defendant B: 15,200 shares, Defendant C: 55,800 shares, Defendant D: 9,000 shares.

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