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(영문) 광주고등법원(전주) 2015.11.26 2014나2742
주식반환청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) is a corporation established on August 13, 199 with a total number of 20,000 shares (ordinary shares, face value of 10,000 won per share) and capital of 200,000,000 won in order to engage in the manufacture and sale, wholesale, trade, etc. of automobile parts.

B. On April 8, 2002, the Plaintiff was appointed as C’s director and representative director. Around that time, the Plaintiff’s shareholder registry was registered as the Plaintiff’s 13,000 shares, the Defendant’s 1,00 shares, and the Defendant’s mother’s 6,00 shares.

C. On July 25, 2005, the Plaintiff and the Defendant concluded a share transfer contract as follows.

(hereinafter “instant share transfer contract”).

1. Trade name: C;

1. Head office: H in the Gunsan City;

1. Total amount of stocks owned: Geumcheon,000 million won (gold 130,000,000 won); and

1. The number of shares held: The above shares of 10,000 won per share of 13,000 shares of common shares are shares of C, and the shares of 13,000 shares (10,000 won per share) of the plaintiff's common shares of this case are transferred to the defendant, and the defendant obtains by transfer the shares from the plaintiff and obtains by transfer the shares, and thus the defendant shall affix his signature and seal to each of the following.

C held a temporary general meeting on July 25, 2005 and decided to approve the resignation of the Plaintiff’s director and representative director, and around that time, C’s list of shareholders was changed to that of the Defendant’s 14,000 shares and 6,000 shares.

E. On October 30, 2013, the Plaintiff notified the Defendant that “The transfer price of KRW 130,000 per share was changed until November 15, 2013, since it did not pay the transfer price of KRW 130,000 per share,” and the Defendant, on November 14, 2013, notified the Plaintiff that “The Plaintiff was the representative director of C who borrowed the Plaintiff only under the name of the Plaintiff, but did not make any investment in C, and the shares were merely the existence of documents, so the Defendant did not acquire the transfer price to the Plaintiff.”

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