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(영문) 부산지방법원동부지원 2019.12.04 2019가단201930
주주권 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company established on February 4, 2002 for the purpose of manufacturing electronic parts.

B. The Plaintiff and D are registered as a director at the time of establishment of C, and E is registered as the Plaintiff’s spouse as C’s auditor, and F is registered as C’s auditor from February 23, 2004.

C. Around October 6, 2008, the Defendant joined C and was in office as a regular manager, and was discharged from office as of July 18, 2016.

At the time of the establishment of C, the total number of outstanding shares was 10,000 shares (type: ordinary shares, face value of 5,000 shares per share), and the Plaintiff owned 5,00 shares, D 4,500 shares, and G 500 shares, respectively. On February 2004, the Plaintiff acquired 1,50 shares from D, and 500 shares from G, and held 7,000 shares ( current 5,000 shares, 1,500 shares, and 50 shares) (D also resigned from C’s director office at that time), and F acquired 3,00 shares remaining 4,50 shares from D (4,500 shares - 1,500 shares).

E. C, upon the resolution of the board of directors on April 9, 2009, issued 10,000 new shares (ordinary shares, 5,000 won per share). Of them, the Plaintiff, which is an existing shareholder, acquired 4,000 shares, and the remaining 6,00 shares (attached Form 2; hereinafter “instant shares”) that have waived acceptance by the existing shareholder, was acquired by the Defendant.

However, the defendant's acquisition price of new shares was 30 million won deposited from the plaintiff's account and remitted to the defendant's account in the name of C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff is entitled to shareholder rights for the instant shares by asserting the following. A.

The principal assertion (Cancellation of the title trust agreement) of this case is that the Plaintiff trusted the title trust to the Defendant.

The plaintiff is the defendant before filing the lawsuit of this case.

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