logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.13 2014가단5278912
주주권확인등의 소
Text

1. Of the instant lawsuit, the part on the claim for confirmation of the shareholder's rights against Defendant G Co., Ltd. is dismissed.

2. The plaintiffs and the plaintiffs.

Reasons

1. Basic facts

A. Defendant G Co., Ltd. (hereinafter “Defendant G Co., Ltd”) is a software development and distribution company established on May 10, 2004, and Defendant F is its representative director, and the Plaintiffs were the shareholders of Defendant G Co., Ltd. and retired on November 5, 2012.

B. Around June 6, 2008, the Defendant Company held shares with capital at no charge around June 6, 2008, and the total number of issued shares became 20,000 won as capital at no charge.

As of the time of Defendant F’s holding of Defendant F’s shares 7,903, H 7,017, Plaintiffs 1,000 shares, I, and J 40 shares, respectively.

C. On October 28, 2009, H entered into a share transfer contract with Defendant F to transfer 2,017 shares of the Defendant Company. On October 28, 2009, Defendant F and the Plaintiffs entered into each share transfer contract with respect to the Defendant Company.

In August 26, 2010, Defendant Company increased its capital on August 26, 2010, with capital of KRW 200 million free of charge, and the total number of outstanding shares became 40,000.

E. On November 1, 2010, the Defendant Company entered into an agreement on November 1, 2010 on the business partnership with the filial ITX Co., Ltd. (hereinafter “effective”).

The defendant company received KRW 300 million from capital to filial duty and transferred 3,200 shares (8%) of the defendant company to filial duty to filial duty in return for the transfer of 3,200 shares of the defendant company to filial duty, and the defendant company supplied filial duty such as video display to filial duty with support for free maintenance and repair for ten years.

Accordingly, Defendant F and H transferred 680 shares of the Defendant Company to F, and the Plaintiffs transferred 368 shares of the Defendant Company (0.92% of the total number of issued shares) to F&D, respectively, to F&D, and the Defendant Company paid 20 million won to the Plaintiffs in return.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 10, and 13, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 1.

arrow