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Reasons
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(영문) 광주고등법원(제주) 2017.09.20 2016나10959
주주지위부존재확인
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1. The plaintiff assistant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the Intervenor.

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established on December 1, 2005 for the purpose of construction waste disposal business, etc.

From the time of establishment to October 29, 2008, F served as the Plaintiff’s director, and from October 30, 2008 to October 20, 201, and resigned on October 20, 201 while serving as the Plaintiff’s representative director. In addition, on December 28, 2015, F is serving as the Plaintiff’s representative director.

From September 5, 2006, Defendant B served as a director of the Plaintiff, and from October 20, 201 to December 27, 2015, Defendant B served as a joint representative director of the Plaintiff.

B. At the time of establishment, F and G (the representative director of the Plaintiff at the time of establishment) held each of 9,000 shares of 30,000 shares issued by the Plaintiff (10,000 shares per share) and C and H held each of 6,00 shares, and Defendant B became the shareholder of the Plaintiff by taking over shares of 4,50 shares around 206.

C. On December 11, 2010, the Plaintiff issued a total of 120,000 new shares of 1,500,000 shares out of 300,000 won with capital of KRW 1,200,000,000, based on the current status of the construction payment of the financial statements as of September 30, 2010 (referring to the amount borrowed by the company from its shareholders, executives, and employees as the subject of the company’s liabilities), based on the current status of the corporation’s unpaid loans and the long-term loans (referring to the amount borrowed by the company from its shareholders, executives, and employees) with the Plaintiff’s existing bonds converted into equity as shown below.

(1) The Plaintiff’s Intervenor’s 10,000,000,000,000 and 22,500,000 and 370,000,00,000 and 22,500,000 and 350,00,00 and 350,00,00,00 and 333,00,00,00,00 and long-term loans, 250,000,00 and long-term loans, 250,000,00 and 156,00,000,00 and 60,00 and long-term loans, 225,00,000,00 and long-term loans, 00,000,000 and 10,000,00 and 100,000,00 and long-term loans, 100,000 and 300,6306,06 and 3000

D. Defendant E acquired 22,050 shares of the instant new shares from F on September 24, 2013, and Defendant B acquired shares of I and J out of the instant new shares.

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