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(영문) 창원지방법원 2017.12.21 2017가합520
회계장부등열람등사
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of premise;

A. On July 3, 2006, the Defendant was established with the total number of 10,000 shares (one share amount of 5,000 won) issued and outstanding on July 3, 2006, around March 17, 2008, D 4,500 shares (45%) E, 3,500 shares (35%) for E, F (one share of E, and a person registered as the Defendant’s auditor as of March 26, 2008), and G own each of 1,00 shares (10%) for G.

(2) The Defendant’s shares held D 18,000 shares (45%) and E 14,000 shares (35%), F, and G held 4,00 shares (10%) as the total shares issued were 40,00 shares by offering capital increase without compensation on October 29, 2009.

B. The plaintiff filed a lawsuit against the defendant and Eul, as Busan District Court Decision 2013Gahap13934, the plaintiff filed a lawsuit seeking the transfer of shares and the transfer of shares for 2,000 shares held in title by Eul, and the above court affirmed that "E transferred 2,00 shares held in title by Eul to G on April 25, 2014, and "E transferred 40,000 shares registered in G to the defendant on April 20, 209," and notified the plaintiff that "The defendant transferred 2,00 shares in the name of G among the shares held by the defendant 40,000 shares to the plaintiff on April 20, 209," and the defendant partially rendered a favorable judgment against the plaintiff that "the transfer of shares held in title by changing the shareholders' name on the register of shareholders to the plaintiff" was dismissed by Busan High Court Decision 2014Na3085, Feb. 25, 2015.

C. On September 7, 2015, E sent to the Plaintiff a notice of share transfer that the Defendant transferred 2,000 shares registered in G’s name among the Defendant’s shares 40,000 shares to the Plaintiff.

The defendant changed the total number of shares issued on July 5, 2013 to 100,000 shares, and until now, the defendant changed the name of shareholders in the shareholder registry of G to the plaintiff.

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