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Reasons
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(영문) 서울중앙지방법원 2014.11.07 2013가합81373
신주발행부존재확인 등
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1. The portion of the claim for confirmation of shareholders' rights against 120,000 shares in the shares listed in the attached list shall be dismissed;

2.Annex.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(2) The Plaintiff is a representative director of D Co., Ltd. (formerly: E Co., Ltd.) and was registered as an internal director by November 2, 2012 as a shareholder of the Defendant Co., Ltd. on the corporate register.

(A) Evidence No. 1). (b)

As of April 16, 2012, the Defendant Company’s list of shareholders as of April 16, 2012 stated that the Plaintiff owns 180,000 shares of the Defendant Company’s total outstanding shares (ordinary shares, 500 won per share; hereinafter the same shall apply) (180,000 shares), F amounting to 80,000 shares (20 percent shares), G amounting to 120,00 shares (30%) and H amounting to 20,000 shares (5 percent shares), respectively.

(A) Evidence 3. (c)

New shares issued by Defendant Company and subscription of new shares by shareholders on April 17, 2012, 200,000 new shares (ordinary shares and subscription of 500 won per share; hereinafter the same shall apply) by Defendant Company

The meeting minutes of the board of directors were prepared to allocate new shares according to the ratio of shares held by each shareholder as of the above base date, and the above meeting minutes of the board of directors were certified as No. 506 on April 19, 2012 by a notary public on April 19, 2012 (No. 5-1). The amount of payment of the number of new shares allocated to stockholders is KRW 80,000,000 for KRW 40,000 for KRW 50,000 for KRW 180,000 for KRW 90,000 for KRW 50,000 for KRW 120,000 for KRW 60,000 for KRW 50,000 for KRW 30,000 for KRW 300,000 for KRW 200 for KRW 100,000 for KRW 400 for shares allocated to each shareholder (No. 20,000 for KRW 200 for shares).

[2] The number of shares issued by the Defendant Company is 600,000 shares issued on April 18, 2012. The number of shares issued by the Defendant Company is 600,000 shares, in the corporate register for the Defendant Company since April 16, 2012.

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