logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2018.02.22 2017가합5521
주식매수대금청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

C Co., Ltd. (hereinafter “instant company”) was incorporated on December 4, 2015 with a total of 50,000 shares (10,000 shares per share) and capital of 50,000,000 won.

At the time of the incorporation of the instant company, the Plaintiff and the Defendant were promoters and prepared its articles of incorporation. From around that time to January 2017, the register of shareholders of the instant company stated that the Plaintiff and the Defendant owned 25,000 shares respectively.

On December 2, 2015, 500,000 won was deposited in the account under the name of the Plaintiff for the purpose of the incorporation capital of the instant company. On December 3, 2015, KRW 500,000 was withdrawn from the account under the name of the Plaintiff.

The instant company reduces capital of KRW 250,000,000 on February 25, 2017, and currently issued and outstanding shares of KRW 25,000 ($10,000 per share), capital of KRW 250,000,000, and the shareholder registry of the instant company stated that the Defendant owns KRW 25,000.

In the corporate register of the instant company, the Plaintiff is registered as a director and a representative director from December 4, 2015 to December 15, 2016; the Defendant is registered as the representative director from December 15, 2016 to February 27, 2017; and the following as an inside director, respectively.

On October 13, 2016, the Plaintiff and the Defendant borrowed KRW 250,000,000 from the instant company on December 3, 2015, respectively.

“The Plaintiff (Plaintiff: 16 No. 16, Defendant: 5-2) prepared and delivered to the instant company a certificate of borrowing the content of the loan.

[Agreement] The shares of the company of this case are agreed as follows.

The seller: The seller shall transfer the seller's share to the seller if the seller deposits KRW 250,00,000 to the seller, which is the total amount of ownership of the seller at KRW 10,000,000, the total amount of ownership of the seller at KRW 250,00.

At the same time as the transfer of shares, the representative director of the company of this case and persons directly or indirectly related to the company of this case shall be punished by civil and criminal law in any case.

arrow