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(영문) 서울고등법원 2014.12.18 2014나2003304
대여금 등
Text

1. The plaintiffs' appeal against the defendant C and the change in exchange between the trial court and the defendant D.

Reasons

1. In the first instance trial on the scope of this court’s trial, the Plaintiffs filed a claim for the performance of the procedure for share transfer against Defendant D, the Defendant Company’s claim for the performance of the procedure for share transfer, and the Plaintiff Company’s claim for the loan against the Defendant Company. The first instance court dismissed all of the Plaintiffs’ lawsuit against Defendant D, while the Plaintiffs’ claim for the performance of the procedure for share transfer transfer against the Defendant Company was dismissed, and rendered a judgment of partial acceptance as to

On the other hand, only the plaintiffs appealed against the defendant D with regard to the claim for the transfer of shares and the claim for the transfer of shares against the defendant company, among the part against the plaintiffs, and the plaintiffs changed their claim against the defendant D to the claim for confirmation of shareholders' rights.

Therefore, the actual subject of this court's judgment is limited to the plaintiffs' claim for confirmation of shareholders' rights against the defendant D and the claim for the transfer of shares against the defendant company.

2. Basic facts

A. 1) The Defendant Company was established on June 28, 2010, as a corporation engaged in rice, miscellaneous, processed food and all food materials distribution and sale business, miscellaneous, leather products distribution and sale business, e-commerce, distribution agency, logistics agency, home-based distribution business, grain wholesale business, etc. In the corporate register of the Defendant Company, the Defendant Company was registered as the representative director and internal director of the Defendant Company, and the Plaintiffs were registered as the inside director of the Defendant Company, respectively, and the Defendant Company’s business registration certificate is registered as the representative of the Defendant Company.

B. (1) The Defendant Company issued 10,000 common shares per share of KRW 5,00 per share, but no share certificate was issued. (2) As of March 31, 2012, the register of shareholders of the Defendant Company held 4,90 shares by Defendant DD, Plaintiff B’s 2,550 shares, E 2,550 shares, and E 2,50 shares, respectively.

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