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(영문) 부산지방법원동부지원 2014.01.16 2012가단12346
주주권확인 등
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the purport of evidence Nos. 1 through 9, 11, 12, and 14 (including each number) and the entire pleadings, the following facts may be acknowledged.

On February 8, 2001, the Plaintiff invested KRW 100 million in the establishment of a company listed in the separate sheet (hereinafter “instant company”). On the same day, the instant company was established by issuing 10,00 shares with the said shares issued on the same day.

Of the above shares at the time, the Plaintiff became the nominal owner in each shareholder registry with respect to 4,900 shares (49%) of the Plaintiff, 100 shares (1%) of Defendant C, 4,900 shares (49%) of D, 4,900 shares (49%) and 100 shares (1%) of E, and all of them were appointed as directors (the Plaintiff, Defendant C, and D; the Plaintiff’s representative director) or auditor (E) of the instant company.

B. Around March 2002, E retired from the instant company. Around that time, F entered the company and became the nominal owner in the register of shareholders with 100 shares in E’s name, E was appointed as an auditor on the registration of the instant company.

Defendant B entered the instant company around April 2002, and along with that, became the nominal owner of 1,500 shares out of 4,900 shares in D’s name (15%) and was appointed as a director on the registration of the instant company.

C. On April 28, 2008, the Plaintiff invested KRW 100 million in the instant company, and 20 million in April 27, 2009, and had each of the instant companies issue 20 million shares by having invested KRW 100 million.

As above, 14,700 shares (49%) issued additionally with capital increase with 30,00 shares (49%) were allocated to the Plaintiff, 4,50 shares (15%) to Defendant B, 300 shares (1%) to Defendant C, 10,200 shares (34%) to D, and 300 shares (1%) to F.

Accordingly, among the shares issued by the instant company on April 27, 2009, the Plaintiff became the nominal owner of 19,600 shares, Defendant B was the 6,00 shares, Defendant C was the 400 shares, Defendant C was the 13,600 shares, and F was the nominal owner of each share of 400 shares.

2. Determination:

A. The Plaintiff owned all the shares registered under the name of the Defendants on the shareholder registry of the instant company, and held title trust with the Defendants.

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