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(영문) 부산지방법원 2017.12.20 2016나53937
주식명의개서절차이행
Text

1. The judgment of the first instance court, including a claim for addition and modification at the trial court, shall be modified as follows:

Defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff’s husband F was operating the automobile maintenance business under the Plaintiff’s name, but around April 2014, the Plaintiff’s husband F decided to conduct the automobile inspection and maintenance business in the name of the Plaintiff. Around April 2014, F participated in the Plaintiff’s name (the actual participant took legal action under the Plaintiff’s husband F or wife’s name and came to belong to the Plaintiff, and the legal effect was also attributed to the Plaintiff; hereinafter in this case, referred to as the “Plaintiff”), and Defendant B, C, and the same business share were established pursuant to the above agreement (hereinafter referred to as the “instant business agreement”).

B. The establishment process of the Defendant Company 1) The Defendant Company issued 10,000 shares of 10,000 won at the first time of the establishment, and was given a loan of 4.5 billion won from the financial institution name of the Defendant Company, and Defendant B and C became a joint guarantor. 2) The Defendant Company purchased land adjacent to the automobile maintenance business office operated by the Plaintiff, constructed a new building, and then closed its business from November 2014 with equipment necessary for the automobile maintenance and maintenance business. The Plaintiff’s side closed its business.

3) Until that time, the Plaintiff invested KRW 400 million on the part of the Plaintiff, and Defendant B and C invested KRW 250 million on each of the 200 million capital. The said money and the financial institution loans made land purchase, construction of buildings, and installation of equipment and facilities, including machinery, and preparation for business. (C) Meanwhile, around October 2014, the Plaintiff again issued 6,66 shares of the Defendant Company (the face value of KRW 10,000) and re-issued the shares of the Defendant Company to the Plaintiff as its shareholders, and thereby, the share ratio of the Defendant Company was 4:3:3,00 equity shares of the Plaintiff and the Defendant B and C.

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