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(영문) 전주지방법원 2015.11.26 2014나11676
주주권확인 등
Text

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. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 10, 14, 15, and Eul evidence Nos. 3 and 4 (including additional numbers):

The relevant Plaintiff is the spouse of the deceased E (the deceased’s death on September 29, 2012; hereinafter “the deceased”) and is a company director of the Co-Defendant D Co-Defendant D Co-Defendant of the first instance trial (hereinafter “instant company”), and the Defendant and Co-Defendant C of the first instance trial (hereinafter “C”) are the births of the deceased.

B. Around September 28, 1993, G, who is the representative director of the instant company and the deceased, was invested in the proportion of 50:50 (each 100,000,000) around September 28, 1993, and agreed to take over the real estate and facilities of H, and to promote shipbuilding projects, and prepared a contract for the instant business.

(2) According to the above agreement, G remitted F to F on September 28, 1993, KRW 13,190,000, and KRW 74,00,000 on October 21, 1993. As above, G remitted part of the investment amount that G transferred to F to F as above was created by the J, the Plaintiff’s imprisonment father, KRW 27,00,000,000 on September 20, 1993 by the Deceased, and KRW 5,00,00,000 on September 25, 1993 by the Deceased, and KRW 5,00,000,000 on September 28, 1993 by the Deceased, who was the Plaintiff, to the husband’s account in the name of the husband.

(3) As of June 5, 2001 between G and the Plaintiff, “the Plaintiff and G” acquired H Co., Ltd. (50,000,000, respectively) with an investment share of 25:25 percent (50,000 won) and registered as a new business entity and agreed to conduct shipbuilding business.

(4) On October 29, 1993, the instant company was established with the shipbuilding business as its business purpose. Of 10,000 ordinary shares issued at the time of establishment, the list of shareholders stating that F 2,200 shares of 10,000 common shares of L (F) is owned by F 1,200 shares, M (F her spouse) is 800 shares, G 2,200 shares, G 2,200 shares, I, the husband of G, 300 shares, the Defendant 1,50 shares, and the Plaintiff 1,000 shares.

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