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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Details of the disposition;
A. 1) The head office of the F was established on December 29, 2005 and its trade name was changed to “E” on December 18, 2006. On January 2, 2007, E Co., Ltd. (hereinafter “E”).
(B) B, August 31, 2007, Inc. (hereinafter “B”).
(F) The merger of the Company and on March 30, 2009, the name of the Company F is “F” (hereinafter referred to as “F”).
2) The Plaintiff, at the time of its establishment, participated as the promoters of F, and acquired 16,000 shares of 5,000 won per share (the stock ratio 1%; hereinafter “instant shares”) among 1.6 million won per share at the time of its establishment. Around December 2005, the Plaintiff, who was the head of an Asan Factory (Executive Director) in B, received donation of KRW 80 million from D, which was the controlling shareholder of B, and paid the said money as the said financing around December 19, 2005.
[1] The defendant alleged that the plaintiff acquired 16,00 shares of this case from D on December 31, 2005, which was after the establishment of F (F). However, each date of the F's articles of incorporation and minutes of the board of directors was December 19, 2005, and the date of preparation of the above minutes of the board of directors was December 19, 2005; F's shares payment was kept at a branch office of Korea Bank Mediation Agency on December 19, 2005; F's shares payment was deemed to include the payment limit for the plaintiff's shares of this case; F's shares payment was deemed to have been made at the Korea Stock Exchange on December 29, 2005, together with the above certificates of share payment, the articles of incorporation and the minutes of the board of directors; and it appears that the plaintiff made a disposition of registration for incorporation on December 19, 2005.