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(영문) 서울중앙지방법원 2015.11.11 2014가단163978
주식반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Since March 25, 2008, C was appointed as the representative director of the defendant for the main purpose of construction, environment, and urban design business that D actually operated from March 25, 2008.

However, since August 2012, the Defendant had difficulty in properly performing design services related to the redevelopment association in E area and the F reconstruction association (hereinafter “each of the design services of this case”) due to the aggravation of management status from August 2012, and C separately established the Plaintiff corporation after consultation with D, and agreed to receive each of the design services of this case from the Defendant.

B. C submitted a letter of resignation from office to the Defendant on February 19, 2013 (However, the Defendant’s corporate register was registered as the Defendant’s representative director even after the submission of the above letter of resignation, and was registered on February 27, 2014, and only on February 29, 2013, the Defendant was registered as retired on March 29, 2013). On February 28, 2013, the Plaintiff was appointed as the Plaintiff’s representative director, and the Plaintiff is currently performing each of the instant design services by succession from the Defendant.

C. On April 22, 2013, the Plaintiff’s representative C prepared the register of shareholders as follows, and the Defendant prepared a written confirmation stating that “the Defendant holding 30% shares of the Plaintiff does not participate in all management of the Plaintiff” on the same day.

As of April 22, 2013, the shareholder list of C 3,000 shares paid in 1 share of the number of shares subscribed for the name of shareholders as of April 2, 2013, the above amount of KRW 15,500 G 2,500 KRW 5,500 KRW 12,500 KRW 12,500,000 KRW 15,500 KRW 15,500 KRW 7,500 KRW B (ju) 3,500 KRW 300,000 KRW 15,000 KRW 10,000 in total,00 KRW 10,500 KRW 5,000,000 KRW 10,500 per share of the shares subscribed for the name of shareholders shall not be proven by comparison with the shareholder list kept at the head office.

The above shareholders are not related to C's family and relatives, and their shares are transferred to C's family and relatives by transfer in the future.

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