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(영문) 수원지방법원안산지원 2014.12.18 2013가합22895
주주권확인 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are the head of Nonparty F, the Plaintiff’s South Korea, Defendant B, and Nonparty G 4 South Korea, Defendant C is the wife of Defendant B, and Defendant D is the kin of Defendant C.

Defendant B is the representative director of Defendant E Co., Ltd. (hereinafter “Defendant Company”), and Defendant C and D are registered as shareholders on the register of shareholders of the Defendant Company.

B. Around July 1, 1993, the Plaintiff started the business of manufacturing and selling automated equipment parts with the trade name “I” in Guro-gu Seoul Metropolitan Government H.

After that, the Plaintiff expanded the scope of the business of manufacturing and selling special wheels for industrial use in around the end of 1994, and closed the “I” on January 31, 199, and established the “JJ” on February 6, 199.

C. Meanwhile, around 1994, Defendant B entered the said “I” and registered his business with the trade name “E” on February 25, 1999.

The “E” is a business entity that received the transfer of the sales of the special qui manufacturing and selling business of “I” and used the same place of business as “J” at the beginning, but transferred the place of business to K in Guro-gu Seoul Metropolitan Government around June 7, 199.

On July 30, 2001, the “Defendant E” corporation, a telegraphic transfer of the above “E,” was established.

At the time of incorporation of the Defendant Company, the total amount of shares issued was KRW 50 million, and the total amount of shares issued was KRW 100,000 (per share 50,000). The shareholders of the Defendant Company registered in the register of shareholders are as listed below:

The number of name number (%) 4,00 non-high L 4,000 40 Plaintiff’s Dong, M 3,100 31 Plaintiff’s wife N2,000 Ma 20 Plaintiff’s relative-gu 500 Defendant B’s wife G 400 5 Defendant B’s wife G 400 and Defendant B’s Dong 10,000

E. Defendant B was appointed as the representative director of the Defendant Company on August 18, 2003. At that time, 4,000 shares of L was transferred to Defendant B, under the name of Defendant B, to Q 3,100 shares of M, to Q 2,800 shares of N, to 1,800 shares of the name of P, and to Defendant C, respectively.

Defendant Company shall be the Defendant Company on August 2003.

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