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(영문) 서울중앙지방법원 2016.07.29 2015가단5392181
주주권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Defendant was a company engaged in the wholesale and clothing retail, EXE retail, export and import, established on November 16, 201. At the time of establishment, the Defendant amounted to KRW 20 million in capital, the total number of issued and outstanding shares, and KRW 5,00 in par value per share.

B. The Defendant is a company established by mutual agreement with C, the representative director of the Defendant, who has been engaged in the distribution and transaction of overseas well-known brands in Korea, and the Defendant, as a company established by recognizing the Plaintiff’s efforts to discover and attract overseas business partners as 40% shares. As such, at the time of establishment, the Plaintiff owned 16,000 shares, 40% of the shares issued at 40,000 shares.

C. From November 201, 201 to October 2013, the Plaintiff went through an overseas business trip more than 30 times for 25 months from the time of the Defendant’s establishment, and endeavored to negotiate and enter into a contract with an overseas scenic business entity, the Defendant did not pay the Plaintiff the agreed fee to be duly paid around October 2013, and without notifying the shareholders of the account settlement and major business.

At the time of the establishment of the defendant, 40,00 shares were totaled 40,00 shares, but since the number of shares issued was changed to 60,000 shares, the plaintiff who held 16,00 shares, 40% shares, should own 24,00 shares after the change in the number of shares.

E. Therefore, insofar as the Defendant’s dispute over the Plaintiff’s ownership of the instant shares causes legal instability, the Plaintiff has a benefit to seek confirmation of the Plaintiff’s right to the instant shares against the Defendant.

2. Determination

A. According to Gap evidence No. 1, the Plaintiff’s shareholder registry at the time of November 16, 201 is registered as a shareholder of 16,000 out of the total outstanding shares of 40,000 shares, but it is acknowledged that the Plaintiff’s shareholder registry at the time of November 16, 201 is registered as a shareholder of 16,00 shares, i.e., the following circumstances, which are acknowledged by comprehensively considering the respective statements of No. 1, 2

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