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(영문) 서울고등법원 2016.01.15 2015나2018822
회사에 관한 소송
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s common shares of KRW 500,00 per par value per July 4, 2013 are registered common shares of KRW 10,00.

Reasons

1. Facts of recognition;

A. The defendant is a company established on April 25, 200 for the purpose of the development, sale, etc. of computer software/Hwe.

At the time of establishment, the total number of shares issued by the defendant was 1 million won, the face value of shares was 500 million won, and the capital was 500 million won, and C was appointed to the representative director, and the plaintiff and F was appointed to the director, respectively.

B. At the time of establishment, C paid KRW 400 million out of the Defendant’s capital KRW 500 million. Of them, KRW 300 million was a temporary loan, and immediately after the establishment of the Defendant, the said amount was withdrawn under the name of the provisional payment and repaid the borrowed amount.

On April 22, 2000, the Plaintiff received KRW 100 million from K to its own account on April 25, 200, and paid KRW 100 million from the above account on April 25, 200.

C. At the time of establishment, the Defendant’s shareholder registry was registered as C’s 250,00 shares, the Plaintiff’s 200,00 shares, and F’s 150,00 shares, G, H, I, and J respectively.

If this vote is arranged, it shall be as follows:

C 250,000 25% 200,000 20% 3 F 150,000 15% G 4 G 100,000 10% 5 H 100,000 10% 6 100,000 10% 6 6 100,000 10% 7 J 100,000 10% 100,000 10% in total

D. On September 200, the Defendant invested KRW 300,000 from Pccop, Co., Ltd. (hereinafter “Pccop”) and issued 60,000,000 shares of Pccop on September 28, 200.

As a result, Pccop was listed in the register of shareholders as shareholders holding 60,000 shares, and I's shares have decreased mainly from 100,000 shares, and K newly acquired 30,00 shares, and C's shares have increased mainly from 250,000 shares, and entered in the register of shareholders.

In addition, as the accounting company L, which had been the main owner of the defendant's tax accounting service, acquired 10,000 won of the defendant's shares in M's name on August 18, 200, the shareholder register is a shareholder who acquired 10,000 shares of M around September 200.

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