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(영문) 서울동부지방법원 2020.11.20 2020가단129729
주주 또는 출자자 명부 경정 등 청구의 소
Text

1. The defendant,

A. As to shares or investment relationships among the list of shareholders or investors on January 8, 2019 set out in the separate sheet:

Reasons

1. Facts of recognition;

A. On January 8, 2019, the Defendant Company held 10,000 shares issued by the Defendant Company before January 8, 2019, totaling KRW 50,000 per share (5,000 per share value) and held 6,000 shares for the said shares (60%) and 2,000 shares for the Plaintiffs, respectively.

B. On December 17, 2018, Defendant Company decided to accept 30,000 shares issued by holding a temporary general meeting of shareholders to issue new shares in proportion to the proportional distribution recorded in the register of shareholders.

According to this, the plaintiffs newly acquire 6,000 shares each from 2,000 shares of existing number of shares to hold 8,000 shares each.

C. However, the Defendant Company made a resolution as above at the general meeting of shareholders, and entered the list of shareholders or investors on January 8, 2019 in the list of shareholders and investors, each of which is 10,000 shares and 25% shares, respectively.

Meanwhile, the Plaintiffs paid KRW 37,500,000 each of the subscription price for shares to the Defendant Company during the process of acquiring new shares.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including additional numbers), Eul evidence 1, the purport of the whole pleadings

2. According to the facts of the above recognition, with respect to shares or investment relations among the shareholders' or investors' list as of January 8, 2019 listed in the separate sheet, the defendant company is obligated to pay 10,000 per share to the plaintiffs each 8,000 shares, and 50,000,000 shares each, and 25.00 per share ratio each 20.00%, respectively, and to pay 7,50,000 won each to the plaintiffs (37,50,000 won for the actual purchase price paid by the plaintiffs (30,000,000 won) and damages for delay calculated from August 5, 2020 to the day of service of a copy of the complaint of this case as of August 5, 2020.

3. Conclusion, the plaintiffs' claim.

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