logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.11.08 2018가합100098
주주권확인
Text

1. From among common shares issued by H Co., Ltd., 39,000 shares in the name of Defendant B, 9,000 shares in Defendant C, and 6.0 shares in Defendant D’s name.

Reasons

1. Facts of recognition;

A. The Plaintiff is the largest shareholder and representative director of H (the trade name before the change: J Co., Ltd.; hereinafter “Nonindicted Company”) located in Songpa-gu Seoul Metropolitan Government, and the Defendants are shareholders on the register of shareholders of the Nonparty Company.

B. On July 6, 1995, the Plaintiff, while establishing a non-party company, agreed with the Defendants and K, to acquire 6,500 shares out of 10,000 shares issued by the non-party company under the names of the Defendants and K.

According to the above agreement, the Plaintiff respectively accepted 1,500 shares each in the name of Defendant B and C, and 1,00 shares each in the name of Defendant E and K, and 500 shares each in the name of Defendant D, F, and G.

C. On July 26, 1995, Nonparty Company offered capital increase of KRW 10,00,000 (i.e., KRW 10,000 x KRW 5,000) (hereinafter “first capital increase”). The Plaintiff subscribed 500 shares, respectively, in the name of Defendant B, C, Defendant E and K, each of KRW 1,500 in the name of Defendant E and K, and KRW 500 in the name of Defendant D, F and G.

On May 23, 1997, the non-party company offered capital increase of KRW 40,00,000 (=40,000 x 5,000 x 5,000) (hereinafter “the second capital increase”). The Plaintiff respectively accepted KRW 6,00 each in the name of Defendant B, C, Defendant E and K, and KRW 4,00 each in the name of Defendant E and K, and KRW 2,00 each in the name of Defendant D, F and G.

E. Nonparty Company offered capital increase of KRW 300,000,000 (=60,000 x 5,000) on March 3, 200, and hereinafter “third capital increase”).

() The Plaintiff respectively accepted 30,000 capital in the name of Defendant B from the third capital increase, 6,000 capital in the name of K, 3,000 capital in the name of Defendant D. At present, Defendant B’s shareholder registry of the non-party company (=30,000 capital in the second capital increase of 1,500 capital (=30,000 capital in the third capital increase of 1,500 capital), Defendant C’s 9,00 capital (=6,000 capital in the first capital increase of 1,500 capital), Defendant D’s 500 capital increase (=500 capital increase of 3,00 capital increase of 3,00 capital in the second capital) and Defendant D’s 6,00 capital increase (=3,000 capital increase of 1,500 capital increase, 2,000 capital increase of 3,00 capital increase in the second capital increase of 1,000 capital increase, 6000 capital increase (3,0000 capital increase

arrow