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(영문) 대전지방법원 2014.02.13 2013가합4528
주주명의변경 등
Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from May 24, 2013 to February 13, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2002, the Plaintiff, Defendant, D, E, etc. established C Co., Ltd. (hereinafter “instant company”) and the Defendant assumed office as the representative director and operated the instant company.

B. At the time of establishment, the instant company issued a total of 110,000 shares (the par value per share is KRW 10,000). At the time of establishment and thereafter, the nominal holder and the number of shares held by the instant company are as stated in the [Attachment 2] shareholder registry.

Stock certificates have not been issued until now.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2, 4, and 8, purport of the whole pleadings

2. Claim related to title trust

A. Plaintiff’s assertion 1) The Plaintiff and Defendant accepted 42,00 shares out of 55,00 shares issued by the instant company, which are 50% of the total shares issued by the instant company at the time of the establishment of the instant company, and decided to accept 13,00 shares, and the Defendant agreed to accept 25,50 shares out of the Plaintiff’s shares subscribed (hereinafter “instant shares”).

(2) Since the shares held in title by the Plaintiff were reduced to 1/11 due to capital reduction, the shares held in title by the Plaintiff were reduced to 2,318 shares (=25,500 shares x 1/11) as shown in attached Table 1. However, since the Plaintiff cancelled the above title trust agreement by serving a copy of the complaint of this case, the shares of this case were returned to the Plaintiff. Since the Defendant is disputing this, the Defendant sought confirmation of the status of the shareholder as to the shares of this case. (2) around February 2, 2007, according to the resolution of the general meeting of shareholders on January 22, 2007, the Defendant received 127,50,000 won from the company of this case, and paid only KRW 127,50,000 to the Plaintiff, and thus, the Defendant is obligated to return the remaining shares to the Plaintiff as unjust enrichment.

3) Around December 30, 2008, the instant company, according to the resolution of the general meeting of shareholders, refunded capital to shareholders in proportion to the shares (one billion won when the shares were retired).

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