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1. The remainder of the judgment of the court of first instance, excluding the remaining parts, shall be modified as follows:
Defendant B.
Reasons
Basic Facts
The plaintiff and defendant D were in de facto marital relationship from 1998 to 2015.
Plaintiff
In addition, Defendant D had been registered as a director, internal director, or representative director since the establishment of Defendant D company. However, since 2015, a de facto marital relationship between the Plaintiff and Defendant D was broken down, and there was a dispute over the ownership and operation of Defendant D.
Defendant B (the trade name at the time of its incorporation was “K,” but the trade name was changed as of April 16, 2001) was established on October 31, 200 with the total number of outstanding shares as KRW 10,000 (amount to KRW 50,000) and capital as of KRW 50,000,000, and the capital was set up on five occasions as follows: (a) capital increase was made for capital increase over five times; and (b) the total number of outstanding shares as of the date of the closing of argument in the trial was 180,000, and capital was 90,000.
[mark] On October 31, 200, the total number of issued and outstanding shares was 40,000,000 KRW 50,000 KRW 10,000 KRW 40,000 KRW 20,000 on November 9, 2002, the three capital increase of KRW 27,60,000 KRW 30,000 on October 27, 2006, June 13, 2007, the three capital increase of KRW 90,000 KRW 40,000 KRW 140,000 on December 28, 207, the total amount was 00,000 KRW 50,000 KRW 180 on November 29, 2014, the total amount was 05,000 KRW 70,0000 on July 27, 2014, respectively.
At the time of the incorporation of Defendant B, the Plaintiff held 4,00 shares (40%) of Defendant B’s 10,00 shares issued by Defendant B, Defendant D’s 2,00 shares (20%) of 2,00 shares (20%) and N held 2,00 shares (20%) and 2,00 shares (20%) of shares issued by Defendant B.
Defendant B, as seen earlier, has increased its capital on five occasions, and the detailed statement of the change in shares and the register of shareholders of Defendant B stated that the share ownership relationship has changed as follows.
① 30,000 new shares issued as a result of the primary capital increase in 2002 are 12,00 shares (40%) by the Plaintiff, Defendant D, M, and N, respectively.