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Reasons
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(영문) 대구지방법원포항지원 2019.06.27 2018가단103851
주식인도 청구의 소
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1. It is confirmed that the shareholder rights of the shares listed in the separate sheet were against the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. At the time of incorporation of D 4,00 shares E 3,00 shares around March 207, around 1, 200, Defendant 3,000 shares, the total of 10,00 shares of D 2,00 shares E 2,00 shares E 2,00 shares July 27, 200, Defendant 2,000 shares H 1,000 shares around 39,000 shares around 30,00 shares around March 209, the total of 1,00 shares of 1,00 shares were transferred to Defendant 49,00 shares of Da 50,00 E 50,000 shares G 1,000 shares and 00 shares among 0,00 shares of G 1,000 shares, 20,000 shares of 0,00 shares among 0,00 shares of 1,000 shares of G 1,000 shares.

In other words, 50,000 each of the DE titles was transferred to the IJK.

B. The PlaintiffF led the establishment of the Plaintiff Company C. FD is the husband and wife, E is the Plaintiff’s wife, and the Defendant is the Plaintiff’s wife. (2) On June 201, the Plaintiff borrowed money from LM, etc. and transferred 20,000 shares in the Defendant’s name. As a result, at the time of the closing of the instant argument, the shares in the Defendant’s name are listed in the separate sheet.

C. 1) The capital payment status of C was established on March 23, 207 as KRW 50 million, and the capital amount was KRW 1 billion after the capital increase on February 12, 2009 and February 27, 2009. (2) At the time of establishment, the capital amount was KRW 50 million from N, which is F, to D’s account, and was deposited into C’s account.

3) On February 12, 2009 and February 27, 2009, the Plaintiff borrowed a sum of KRW 950 million to C, and immediately withdrawn the total amount of capital after paying the capital to C, and was subject to criminal punishment due to such fictitious payment. [Grounds] Facts without dispute, Gap’s evidence Nos. 1-4, and Eul’s evidence Nos. 1-17 (including the provisional number; hereinafter the same shall apply)

- The purport of the whole pleadings

2. The full amount of capital at the time of incorporation of C.

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