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(영문) 수원지방법원안산지원 2017.05.11 2017가합5058
주주권확인
Text

1. Of 50,00 common shares issued by E Co., Ltd., 2. The name of Defendant B on the register of shareholders (10,000 won per share)

Reasons

1. Basic facts

A. On April 16, 198, the Plaintiff, together with Defendant B, Defendant C, F, G, H, and I, established a stock company E (hereinafter “E”) with a capital of KRW 50,000,000 (ordinary share issuance, KRW 5,000 per share, KRW 10,000 per share) and acquired 2,00 shares in the name of the Plaintiff, KRW 1,000 in the name of Defendant B, and KRW 200 in the name of Defendant C.

Moreover, F accepted 200 shares, G 1,000 shares, H 200 shares, I 200 shares, and J 200 shares, respectively.

B. On May 2, 198, J respectively acquired 800 shares of G and 200 shares of H out of 1,000 shares of G, and the Plaintiff acquired 200 shares of G on the same day under the name of Defendant C.

C. K increased each capital through the issuance of 5,000 common shares (Capital of KRW 50,00,000), 10,000 common shares (Capital of KRW 100,000) on January 6, 1993, 100 on February 28, 1994, 10,000 common shares (Capital of KRW 100,000) on December 9, 2004, and 20,000 common shares (Capital of KRW 200,000) on December 9, 2004.

On July 4, 1990, the Plaintiff respectively accepted KRW 2,600 in the name of the Plaintiff, and KRW 2,600 in the name of the Defendant C. On January 6, 1993, the Plaintiff respectively accepted KRW 4,000 in the name of the Plaintiff, KRW 1,000 in the name of the Defendant B, and KRW 3,00 in the name of the Defendant C.

In addition, on February 28, 1994, the Plaintiff respectively accepted 3,000 shares in the name of the Plaintiff, 4,400 shares in the name of Defendant C, and 10,000 shares in the name of the Plaintiff on December 9, 2004, and 10,000 shares in the name of Defendant D who was the Plaintiff’s fraud at the time.

G and J transferred part of the E’s shares (G 229 shares, J 686 shares) held by each of them to other shareholders on 2006. The Plaintiff acquired 207 shares in the name of the Plaintiff under the name of 418 weeks, Defendant B, Defendant C, and Defendant D respectively.

E. As a result, the current shareholder registry of E states that Defendant B holds 2,011 shares, Defendant C’s 10,486 shares, and Defendant D’s 10,207 shares (the total share 22,740 shares are collectively referred to as “instant shares”), but the acquisition price and acquisition price of the instant shares are determined.

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