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(영문) 대구지방법원포항지원 2014.01.16 2012가합629
주식인도등
Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. E Co., Ltd. (hereinafter “E”) issued 10,00 shares registered ordinary shares of KRW 5,000 per share as at the time of the establishment of a company. F on the register of shareholders was listed as shareholders owned by F as 4,00 shares, G 3,00 shares, and Defendant B as 3,00 shares.

B. On September 2006, Defendant C signed the instant investment contract as a joint and several surety for Defendant C’s debt owed by the said F, G, Defendant B, and Defendant C, under the name of H, the wife, and the Investment Contract (hereinafter “instant golf course”). The Plaintiff and J signed the instant investment contract as a joint and several surety for Defendant C’s debt owed by the said F, G, and Defendant C. The main contents are as follows.

Article 1 [Purpose of Contract] i) In the course of development of a public golf course (tentative name: I) in Sung-gun, Sung-gun, Sung-do, Gyeong-do.

hereinafter the same shall apply.

A (Defendant C) refers to 15% of the total number of shares issued per share (1 per share).

hereinafter the same shall apply.

(ii)the purpose of this Agreement is to hold and hold by payment of a sum of 00 million won per day; (c) Eul (referring to F, G, and defendant B; hereinafter the same shall apply) and Byung confirm that Byung owns in whole the total shares issued by Byung and has not yet been issued.

iv) Party B in which other shareholders are interested shall also be included in and guarantee that Party B is the interested in this Agreement. Article 5 [Effect of Share Holdings] i) Shares of 15 per cent that Party A is to hold shall, in principle, be held and maintained by Party B without any superior in any case, such as capital increase, change of shares, and shareholder participation due to other reasons that are deemed as a clerical error in the expansion ("extension").

C. On April 2, 2007, E issued 100,000 common shares with capital increase, and the total number of outstanding shares became 110,000 shares. F on the register of shareholders was listed as 44,00 shares, G 33,00 shares, and Defendant B as shareholders owned 33,00 shares.

Defendant C around March 2007, according to the investment contract of this case, KRW 1 billion in E.

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