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(영문) 인천지방법원부천지원 2020.04.23 2019가단19131
주주지위확인청구 등
Text

1. Of the instant lawsuit, the part of the claim for confirmation of shareholder status against Defendant B Co., Ltd. is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. Defendant C and Defendant D established Defendant B Co., Ltd. (hereinafter “Defendant Company”) that traded petrochemicals with E’s designated agency, together with G, H, I, and J on September 26, 200, as a person who worked in E Co., Ltd. (hereinafter “E”), a petroleum chemical company (hereinafter “E”).

B. Since 10,000 shares issued at the time of the incorporation of the Defendant Company, H retires on July 1, 2003, the share structure of the Defendant Company as of September 2003 was modified as follows.

CD G IJ

C. Meanwhile, the Plaintiff was proposing to participate in the management of the Defendant Company as a director of Defendant C and Defendant D while engaging in business of distributing synthetic resin, such as polys, with the trade name “K” and engaging in the business of distributing synthetic resin with Defendant Company.

On November 29, 2004, the Plaintiff accepted this and transferred 1,680 shares of the Defendant Company to KRW 8,40,000,000, and offered apartment owned by the Plaintiff as collateral for E, and participated in the management as a director of the Defendant Company.

E. Since then, three capital increase increase was made to the Defendant Company, M among its partners acquired and withdraw from Wancheon Factory, and the total number of shares issued by the Defendant Company was 90,000 shares on October 27, 2006, and the Plaintiff held 14,812 shares among them.

F. In April 201, in consultation with Defendant C and Defendant D, the Plaintiff agreed to receive an agreed amount and a transfer price and retirement allowance for 14,812 shares owned by the Plaintiff, instead of withdrawing from the joint management relationship.

G. Accordingly, on April 30, 2011, the Plaintiff retired from the Defendant Company. Around that time, the Plaintiff received KRW 237,088,608,648,648, which deducts taxes of KRW 21,602,932 from the share transfer price of KRW 258,691,580. From May 201 to April 2018, the Defendant Company paid the Plaintiff an agreed amount of KRW 800,000 per month in total, KRW 672 million to the Plaintiff.

【In the absence of dispute, there are evidence Nos. 1, 2, 3, and 1 through 17, respectively.

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