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(영문) 대구지방법원 2020.11.11 2019가단151276
주주권확인 등
Text

1. Of the primary claims in the instant case, the claim against Defendant E (the shareholder’s title of claim for the implementation of the procedures for opening a statement).

Reasons

1. Basic facts

A. Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company established on September 12, 2018 for the purpose of selling unmanned machines and sirening business, and the total number of its issued stocks is 60,000 common shares (5,000 won per share). The Plaintiff is its representative director.

Among the shares of Defendant Company, 18,000 shares are listed in the register of shareholders under Defendant B’s name.

B. On March 13, 2019, Defendant B drafted a certificate of share transfer and takeover between Defendant C and Defendant C that the entire shares in his/her name are transferred, and on September 4, 2019, drafted a contract for share transfer and acquisition to Defendant D to the effect that the shares are transferred to Defendant D.

Defendant C and D notified each transfer to the Defendant Company.

[Evidence] Evidence Nos. 1, 4, 5, 6, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant Company and Defendant B agreed on September 20, 2019 (hereinafter the instant investment contract) as follows.

In other words, Defendant B’s investment in the Defendant Company up to September 28, 2018, the remainder of KRW 350 million up to September 28, 2018, the remainder of KRW 300 million up to October 30, 2018, and the remainder of KRW 350 million up to November 30, 2018, respectively. ② Defendant B’s investment in the Defendant Company up to November 30, 2018; ② the amount of 15% (9,000 shares upon deposit by Defendant B; KRW 15% (9,000 shares); and the total amount of 30% (18,000 shares) of shares issued upon full payment of the remainder; ③ the Defendant Company did not refund the remainder to the Defendant Company; and the Defendant Company did not transfer the remainder of shares equivalent to the contract deposit to the Defendant Company’s representative director (2.5% shares = 270 million shares) without compensation to the Plaintiff.

B. Defendant B invested KRW 250 million on September 6, 2019, which was prior to the establishment of the Defendant Company.

Although the investment amount of Defendant B is less than KRW 50 million on the agreed down payment, the Defendant Company has allocated 30% of the shares issued to Defendant B in advance at the time of its establishment.

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