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(영문) 광주지방법원 2019.06.27 2018가합54618
배당금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. On March 19, 2008, the Defendant (C Co., Ltd.) decided to divide one share (5,000 won in face value) of the Defendant’s shares issued by the Defendant into ten share (500 won in face value) (hereinafter “instant share split”) at a general shareholders’ meeting on March 19, 208, and the period for submitting old share certificates was set from April 15, 2008 to October 15, 2008 and publicly announced the old share certificates following the said share split, and on October 16, 2008, issued new shares following the said share split.

B. On June 13, 2008, the Defendant appointed the Korea Securities Depository (formerly before the change: Securities Depository), the Korea Securities Depository as a transfer agent of the Defendant, and entered into an entrustment contract for the securities agent with the content of entrusting the Defendant’s transfer of securities and issuance of securities to the Korea Securities Depository. On November 3, 2008, the Defendant handed over the register of shareholders, the exclusive seal of securities, etc. to the Korea Securities Depository, and completed the procedure for taking over the securities agent affairs

C. On March 26, 2009, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) attached co-ownership shares on deposited securities for 242,514 common shares issued by the Defendant or for 242,514 common shares issued by the Defendant (2,425,140 common shares after the split-off) and notified the Defendant and the Korea Securities Depository of the purport thereof. The Intervenor (the Director of the Office of Disposition: the Director of the Office of Gwangju District Tax) attached co-ownership shares on deposited securities for collecting the amount in arrears of D on March 27, 2009, and notified the Defendant and the Korea Securities Depository of the purport thereof.

On March 10, 2015, E purchased 110,000 shares per share from D from March 10, 2015.

The title transfer procedure and procedures for filing a claim against the defendant for each share stated in the separate sheet, as well as for the registered common share 1,100,000 in the issuance of the defendant.

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