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(영문) 부산지방법원 2016.07.21 2015가합42202
주식반환청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, the Plaintiff, and the Plaintiff, establish C Co., Ltd. (hereinafter “C”), D Co., Ltd. (hereinafter “D”), E Co., Ltd. (hereinafter “E”), and F Co., Ltd. (hereinafter “G”), take over the above five Co., Ltd. (hereinafter “G”), and have been operating each of the instant companies, and the Plaintiff was a shareholder of each of the instant companies until 2011. The Defendant currently is a shareholder of each of the instant companies.

B. According to C’s register of shareholders on December 23, 1982, when the above company was incorporated, the Plaintiff held 3,500 shares out of 5,00 shares issued and outstanding, and 910 shares, respectively. However, on December 26, 1991, the Plaintiff held 50 shares out of 5,00 shares issued and outstanding, and the Defendant held 3,50 shares each.

After several times of issuance of new shares, the current register of shareholders states that the defendant holds 26,500 shares of C and 3,500 shares of H, respectively, among 30,000 shares issued by C.

(However, according to the statement of changes in stocks, etc., the total issued shares C is 20,000 shares and the defendant holds 16,500 shares and 3,500 shares of H among them, since the tax office's report on the fact that the defendant acquired shares was omitted on July 1999.

On May 31, 1996, among the 30,000 shares issued by the above company, I held 26,00 shares, JJ 2,00 shares, Defendant 1,80 shares, and Plaintiff 20 shares, respectively. The current shareholder registry of D states states that K 28,00 shares issued shares, Defendant 1,800 shares, and H held 20 shares, respectively.

On November 2003, when G was acquired, the Defendant held 7,200 shares, the Plaintiff and L, each of 1,000 shares, and M 80 shares, among the total shares issued by the above company around 10,000 shares. Since then, there was a change in the Defendant’s succession to the shares of M, etc., the current register of shareholders is 8,00 shares out of the total shares issued by G 10,00 shares.

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