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(영문) 대전지방법원천안지원 2020.11.13 2019가합103563
회사에 관한 소송
Text

The instant lawsuit is dismissed.

The plaintiff's successor's motion for intervention shall be dismissed.

Of the costs of lawsuit, the plaintiff.

Reasons

1. Basic facts

A. As of May 28, 2019, the Defendant held 100,000 shares issued by the Defendant as of May 28, 2019, among which the Plaintiff owned 20,00 shares, D 30,00 shares, Defendant E representative director’s 20,00 shares, F 15,00 shares, G 10,00 shares, and H 5,00 shares, respectively.

(B) On July 4, 2019, the status of shares held by the Defendant was maintained without any change before the issuance of new shares.

On May 28, 2019, the Defendant passed a resolution on the issuance of new shares to 300,000 common shares (10,000 won for issuance price) at the board of directors, and notified shareholders of the issuance of new shares on June 14, 2019.

C. The Plaintiff and E made a new subscription for each of 60,000 shares, and the Plaintiff deposited KRW 600,000,000 as the Defendant’s share capital payment account on July 3, 2019.

E submitted a set-off to the Defendant on July 1, 2019, stating that “The Defendant shall set off KRW 600,000,000,000, out of the 1,868,000,000 provisional bonds against the Defendant, as its automatic bond, shall be set off with KRW 600,000,000 as its automatic bond,” and the Defendant consented thereto on the same day.

On July 5, 2019, the Defendant completed the registration of changing the total number of outstanding shares from 100,000 to 220,000 shares, the total amount of capital from 1,00,000,000 won to 2,20,000,000 won.

E subscribed again for 60,000 shares out of the forfeited shares that occurred during the procedure for the issuance of new shares. On August 21, 2019, with the consent of the defendant, E paid the above 60,000 shares for new shares payment in the way of offsetting the above 60,000 shares out of the remainder of the available bonds against the defendant as an automatic bond with the amount of KRW 600,000,000.

On August 21, 2019, the Defendant completed the registration of changing the total number of outstanding shares from 220,000 to 280,000 shares, the total amount of capital from 2,200,000,000 won to 2,80,000,000 won.

(hereinafter the issuance of new stocks of this case). 【No dispute exists, Gap evidence Nos. 1, 2 and 3, Gap evidence No. 5-2 and 3, and the purport of the whole pleadings.

2. The summary of the Plaintiff’s assertion against E.

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