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(영문) 인천지방법원 2017.06.16 2016나64367
명의개서 절차이행
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Basic facts

A. The plaintiff is working in the Dispute Resolution Council operated by E around 2006.

On August 19, 2009, E was appointed as the chief director and auditor of the Dispute Resolution Co., Ltd. (hereinafter referred to as the "D"), and paid 1,000,000 won on the date of establishment of D and acquired 200 shares of D shares.

On the other hand, around August 2009, the number of D's shares was 10,000 shares, and F owned 4.90 shares, G 4,900 shares, and A owned 200 shares.

B. On December 29, 201, the Plaintiff acquired all shares from F and G, and on December 31, 201, the Plaintiff trusted 3,000 shares out of 10,000 shares owned by it to the Plaintiff’s leakage or H, and 3,000 shares to the Defendant B, who is the Plaintiff’s form of sale.

On the other hand, on January 3, 2012, when the Plaintiff was appointed as the representative director of D, the Plaintiff changed the name of the same day to the present defendant company.

On January 20, 2012, the Plaintiff acquired 10,000 shares by re-transfer of the shares held in title by H and Defendant B.

C. Around February 2012, the Defendant Company issued new shares of 50,000 shares when it received an investment of KRW 300 million from K. Among them, 16,400 shares were allocated to the Plaintiff, 27,600 shares to K, and 6,000 shares to L.

Therefore, around February 2012, the status of ownership of 60,000 shares of the Defendant Company is 26,400 shares, K 27,600 shares, L L 6,00 shares.

From April 201 to May 2012, K requested the return of KRW 300 million invested in the Defendant Company. The Defendant Company borrowed KRW 350 million from I on the condition that I pay KRW 2.3 million monthly interest, and returned the above KRW 300 million to K.

E. Meanwhile, the Plaintiff acquired 27,600 shares from K on May 31, 2012, and 60,000 shares from L, respectively, and transferred 30,000 shares to I who lent funds to the Defendant Company on June 13, 2012, and transferred 15,000 shares to Defendant B.

(B) As of March 3, 2015, the Plaintiff transferred the foregoing 15,00 shares to Defendant B on June 13, 2012 (hereinafter “instant shares”). As of March 3, 2015, the register of shareholders is 15,00 shares, and the Defendant.

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