logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.09.04 2014가합1524
유한회사사원지위확인 등
Text

1. The defendant is in the position of the members who hold shares of 2,818 out of the total number of shares of 120,000 shares.

Reasons

1. Basic facts

가. 피고는 운수업 등을 목적으로 하는 유한회사로 1987. 7. 13.경 자본 총액은 1,200만 원, 출자 1좌당 1,000원, 총 출자좌수는 12,000주였는데, 그 무렵 피고의 대표이사인 C의 처남댁인 원고로부터 1,700만 원을 출자받았고, 이에 따라 피고의 정관에 원고가 2,818좌를 소유하는 사원으로 등재되어 있었다.

B. As of October 24, 198, the Defendant increased the capital of KRW 7 million as of October 24, 198, thereby making the total amount of capital KRW 19 million. Accordingly, the Defendant increased the number of contribution units to KRW 700,000, thereby making the total number of contribution units to KRW 19,000. The minutes of the Defendant’s general meeting of partners include the contents of the Plaintiff’s resolution to acquire KRW 1645 out of increased 7,00.

C. The Defendant increased the capital of KRW 110 million as of July 20, 1992, thereby making the total amount of capital KRW 120 million. Accordingly, the Defendant increased the number of contribution units to KRW 101,00,000, thereby making the total number of contribution units to KRW 120,000. The minutes of the Defendant’s general meeting of partners include the contents of the Plaintiff’s resolution to acquire 23,725 shares out of the increased 101,00 shares in the minutes of the Defendant’s general meeting of partners.

Meanwhile, from around 1999 to 2013, the Defendant paid monthly dividends of KRW 1.5 million to the Plaintiff.

[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, 4, 5, Eul's 1-1, 2, Eul's 3, and the purport of the whole pleadings

2. Determination on the claim for confirmation of equity interest

A. The plaintiff's assertion (1) around July 13, 1987, the plaintiff invested 17 million won to the defendant and accepted 2,818 shares out of the defendant's shares. Since the plaintiff additionally accepted 2,815 shares on October 24, 198 and 23,725 shares on July 20, 192, the plaintiff's assertion that 28,18 shares of investment (2,818 shares 1,645 shares 23,725 shares) against the defendant, the plaintiff's assertion that 28,18 shares of investment (2,818 shares 1,645 shares 23,725 shares).

(2) Since C, the representative director of the defendant's assertion, from 1976 to 1976, independently operated the defendant company and invested his personal funds in the process to increase the defendant's capital.

arrow