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(영문) 서울서부지방법원 2018.10.11 2017가합37164
주주권확인청구의 소
Text

1. The shares issued by E Co., Ltd. (the par value per share is 5,000 won, the total number of issued shares is 160,000 shares) shall be listed in the annexed sheet.

Reasons

1. Facts of recognition;

A. On January 1, 1996, the Plaintiff established E Co., Ltd. (hereinafter “E”) and accepted 4,500 shares out of total 10,00 shares issued.

The remainder of 5,500 shares is respectively accepted in the name of F (1,500 shares), G (500 shares), H (500 shares), Defendant B (1,50 shares), Defendant D (650 shares), the Plaintiff’s mother, Defendant D (650 shares), the Plaintiff’s spouse, and J (50 shares), and the Plaintiff’s share of KRW 25 million.

B. Around October 2004, shares 1,500 shares E in F were transferred in the name of Defendant C, G and H, the shares 500 shares in the name of Defendant B, and the shares 350 shares in I were transferred in the name of Defendant D, respectively.

C. On December 9, 2004, the board of directors decided to issue 90,00 common shares for new shares. On December 13, 2004, the above shares for new shares for new shares were acquired in each of the names of the Plaintiff (44,000 shares), Defendant B (22,50 shares), Defendant C (13,50 shares), Defendant D (5,500 shares), and J (4,500 shares). The Plaintiff paid KRW 450,000,000 in the name of the Defendants.

In addition, on November 9, 2007, the board of directors decided to issue 60,00 common shares. On November 12, 2007, the above shares issued with capital increase was accepted in the name of the Plaintiff (29,100 shares), Defendant B (15,00 shares), Defendant C (9,00 shares), Defendant D (3,90 shares), and J (3,00 shares) on November 12, 2007. The Plaintiff was paid KRW 139,50 million in the name of the Defendants.

The number of shares held in the name of the Defendants shall be as specified in the attached Table.

(hereinafter “each of the instant shares”) e.

On the other hand, E did not pay dividends to shareholders until the time when the suit of this case was filed, and the Defendants did not demand the distribution of the dividends.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, entry in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff alleged by the parties is each of the instant cases in the name of the defendants.

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