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(영문) 서울남부지방법원 2017.02.08 2016가단214647
주식반환청구
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant completed business registration with the trade name "D" on November 25, 2013 and received proposals from C, etc. as to the incorporation of the plaintiff company while operating the general sales agency of the Eul Co., Ltd. (the representative is F; hereinafter referred to as "foreign Co., Ltd.").

On April 30, 2014, the Defendant paid KRW 33,650,000 via 14 times until August 13, 2014, including the payment of KRW 11,00,000 to Nonparty Company.

On May 16, 2014, the Defendant, F, C, etc. made a list of shareholders containing 4,500 shares (ordinary shares, face value 5,00 won) in the Plaintiff Company’s shares (hereinafter “instant shares”), 10,50 shares (hereinafter “instant shares”), 2,500 shares to the Defendant, 3, 1,500 shares, 1,000 shares to G, 500 shares, 50 shares in the non-party Company’s shares (ordinary shares, face value 5,00 won) to be established in the future, and 10,00 shares of the non-party Company (hereinafter “the instant shares”), 2,00 shares, 30 shares, 2,00 shares, 40 shares, 1,500 shares, 500 shares, 1,00 shares, 500 shares, and 1,500 shares, 601, and 500 shares, among them.

Plaintiff

On May 19, 2014, the company completed the registration of incorporation on May 19, 2014, and registered the defendant as the representative director. The shares price of the company and the capital increase of the non-party company were made in the

On June 18, 2015, the Plaintiff dismissed the Defendant from the representative director and registered C as the representative director. The Defendant deposited a total of KRW 100,660,000 in the Plaintiff Company’s account during the period of service as the representative director, and deposited KRW 9,534,00 from the Plaintiff Company for the same period.

The Defendant, while taking charge of the management of the Plaintiff Company’s funds, shall account for the provisional deposit account, all of the money paid to the Plaintiff Company, and on the other hand, the Defendant shall pay the provisional deposit when withdrawing from the Plaintiff Company.

The defendant shall pay KRW 15,00,000 to use as D office around November 13, 2013.

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