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(영문) 대구지방법원서부지원 2015.11.20 2015가합5683
임시주주총회결의무효확인 등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s list on April 20, 2015 at a special shareholders’ meeting.

Reasons

1. Basic facts

A. On October 29, 199, the Defendant, at the time of establishment, established for the purpose of off-the-counter sales facility business of the horse race track of the Korean Racing Association, and 30,000 shares issued at the time of establishment, accepted 10,50 shares, respectively, and the Plaintiff, E, F, G, H, and I accepted 1,50 shares.

B. The Plaintiff received 10,500 shares of each of the Defendant’s shares from the CD on January 9, 2001, and around that time, the Defendant became a shareholder of 22,500 shares on the register of shareholders (i.e., 10,500 shares x 2) in the name of the Plaintiff, thereby changing the ownership of the CD in the future of the Plaintiff, thereby becoming a shareholder of 22,500 shares on the register of shareholders (= 21,500 shares).

(A) The Defendant did not file a report on the stock change situation with the tax office on July 14, 2013. (C) The Defendant stated the stock change situation in the list of stock changes in D and filed a report on the stock change situation in D only after the death of July 14, 2013.

I entered into a contract on June 9, 200 of C-10,500 shares (in the register of shareholders, the Plaintiff was the Plaintiff’s shares), H-1,500 shares, and G-1,500 shares (However, the transfer proceeds were deposited or remitted on June 17, 2014) with the Defendant and its actual manager’s claim against J (the father of the Plaintiff) as security of about 4 billion won, and on June 9, 2009, the Defendant held 10,50 shares (C-10,50 shares), and HG’s 3,00 shares (i.e., 1,500 shares) and HG’s 1,50 shares under the name of H-1,50 shares (i.e., 1,500 shares) and 1,500 shares (i., 300,500 shares).

However, from January 1, 2009 to December 31, 2009, K was reported as holding 13,500 shares, D 10,50 shares, Plaintiff, E, F, and I respectively, and were stated to the same effect as the shareholder composition of financial statements at the time.

However, as D, which had been a shareholder on July 14, 2013, died on July 14, 2013, the Defendant is in the statement of the change of stocks from January 1, 2013 to December 31, 2013.

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