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(영문) 광주지방법원순천지원 2010.09.16 2009가합830
주식명의개서절차이행청구
Text

1. Of the instant lawsuit, the part on the claim for the confirmation of the existence of the shareholder's abandonment against the Defendants, an incorporated association, and Defendant F.

Reasons

1. Basic facts

A. On January 23, 2007, Defendant F and Plaintiff Association were established for the purpose of distributing and processing building stones, and loading, unloading, transporting, storage, display, etc. of goods.

B. At the time of incorporation, the shares issued by the Defendant Company were KRW 5,000 for each share, KRW 10,000 for each share, and KRW 50,000 for each share, and KRW 50,000 for new shares acquired, and KRW 50,000 for each share was borrowed from Nonparty N and paid by M.

With respect to 5,00 shares issued by the Defendant Company, the Plaintiff Association accepted 2,00 shares, 1,500 shares, 2,000 shares, Defendant F, and L, respectively, and L was in charge of the representative director of the Defendant Company.

C. The Defendant Company additionally issued 5,000 new shares by increasing the amount of 50,000 won on August 31, 2007, because it is necessary to meet the requirements of foreign-invested companies requiring more than 10% of foreign shares in order to apply preferential rents in moving into the hinterland of the Gwangjuyang Logistics Complex.

At the time, KRW 50,00,000 of the capital increase was borrowed from N and paid in the name of China, and O was to acquire KRW 5,000 of the above new shares, but O was to allocate only 10% of the above new shares to the existing shareholders, and the remainder was to be distributed to the existing shareholders. Of the total 10,000 shares, the Plaintiff Association held KRW 3,600, Defendant F, and L, respectively, 2,700 shares and KRW 1,000 shares.

On February 19, 2008, the Defendant Company increased 500,000,000 capital and issued 50,000 new shares additionally. On February 22, 2008, the Defendant Company increased 400,000 capital and issued 40,000 new shares additionally.

Through such increase in the capital of three times, the defendant company became 1,00,000,000 capital and the total issued shares were 1,00,000.

E. After the plaintiff A assumed office as the representative director of the defendant company around November 5, 2007, the shareholder registry of the defendant company as of February 18, 2008 held 10,000 shares of the defendant company, among 60,000 shares of the defendant company, the plaintiff Association held 23,60 shares of the plaintiff company, 12,70 shares of the defendant company, and 1,000 shares of the plaintiff company.

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