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(영문) 대구지방법원 2015.06.18 2014가합1069 (1)
주주지위확인 등
Text

1. Of the instant lawsuit, the part concerning the claim for confirmation of shareholder status is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On April 12, 2010, the Defendant issued 10,000 shares of C, E, and E, at the time of the incorporation of the company established by C, E, and F for the purpose of manufacturing electrical and electronic materials, rubber, and plastic-related products. Of them, C,00 shares, F, 1,50 shares, and 3,50 shares shares of E, respectively.

B. On January 27, 2011, F took office as the Defendant’s representative director, and around that time C transferred the name of 2,100 shares of the Defendant F to F.

C. The Defendant issued new shares of 7,200 shares on December 29, 201, and allocated F 7,200 shares to G, 7,000 shares, and 5,800 shares to C according to the share ratio in each shareholder’s name.

As a result, the defendant's list of shareholders held F10,800 shares, C8,700 shares, G 10,500 shares, respectively.

On April 2013, the plaintiff was entered as the defendant's business management entity by C and E.

E. On June 13, 2013, the Plaintiff concluded an agreement with the Plaintiff that represented C as follows:

(A) No. 2.1) F is liable for any business of all companies to be registered in the name of a receiver and a representative director. The Defendant Company shall pay to the Plaintiff a KRW 6.4 million per month for one year from May 1, 2013, and shall provide the Plaintiff with a corporate card of KRW 2.0 million. 2) The relationship between C and loans and other monetary relations shall be resolved by C and F until April 30, 2014.

At the same time, the monetary relationship is resolved, and C and E shall take over and arrange the defendant's shares in the name of the plaintiff and the representative director.

F. On September 24, 2013, F drafted a share transfer agreement (Evidence A No. 7-1) between the Plaintiff and the Plaintiff, which transfers 10,800 shares of the Defendant to KRW 108,00,000,000.

(hereinafter referred to as the “instant contract for transfer”). However, as to the transfer of shares under the instant contract for transfer, F did not notify the Defendant of the transfer with a fixed date or consent with a fixed date.

G. In addition, F waives the Plaintiff’s right to the shares of the Defendant on the same day, and objects thereto.

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