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(영문) 수원지방법원 2017.05.26 2015가합66673
주식인도 청구의 소
Text

1. The defendant shall deliver to the plaintiff the shares listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company C (hereinafter “C”) with the purpose of manufacturing, distributing, selling cosmetics on October 30, 2009.

D Co., Ltd. (hereinafter “D”) with the same purpose on April 5, 2012

2) The Defendant, who is the Plaintiff’s friendship, was working as a management director of D, and was working as an intra-company director on June 14, 2013 in E Co., Ltd. (hereinafter “E”) established for the foregoing purpose.

B. E’s current shareholder status 1) E was established as KRW 50,00,000 for paid-in capital (Issuance 10,000 for shares, KRW 5,000 for each share), and at the time of its establishment, the current shareholder status on the shareholder registry was as follows. The current shareholder status on the shareholder registry at the time of its establishment was as follows. The total number of KRW 1,300 for KRW 1,700 for KRW 3,300 for KRW 1,700 for shares and KRW 30,000 for shares, KRW 150,000 for shares on December 24, 2013 (hereinafter “first capital increase”). The current shareholder registry at the time of each change into KRW 300,000 for shares and KRW 300,000 for each share (hereinafter “second capital increase”).

[1] After the first offering of new shares, the first offering of new shares was made by Defendant 13,300 shares G 1,700 shares G 13,000 shares and 30,000 shares totaling 13,00 shares J 5,00 shares (the second offering of new shares) [the second offering of new shares] Defendant 27,00 shares G 5,300 shares G 5,700 shares and 60,000 shares totaling 19,30 shares from K, I and J, and the second offering of new shares (the second offering of new shares) and the second offering of new shares, and the Defendant received a total of 19,30 shares totaling from K, I and J, and 46,30 shares as stated in the attached list (the “instant shares”).

The current status of shareholders on the list of shareholders was as follows. The number of shares on the list of shareholders is 60,000 shares totaling of 5,700 shares G H 8,300 shares after the first offering of shares by the name of the shareholder, 60,00 shares [the facts under no dispute over the grounds for recognition, 1, 2, 1-2, 2-1, 2-2, 4, and 9 shares, and the purport of the entire pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion 1 by the parties concerned is in arrears with taxes.

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