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(영문) 부산지방법원동부지원 2015.12.10 2015가합266
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) confirms that it is not a shareholder of the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C, D, and E established a F Co., Ltd. on February 24, 2004 as promoters, and the said Company issued 10,000 common shares of KRW 5,000 on the same day, whichever is 3,000 E, 3,000 shares C, 2,000 shares D, 2,00 shares, respectively, and completed the payment.

F On November 5, 2007, the F Co., Ltd. completed the registration of its trade name to “B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and “Defendant Co., Ltd.”.

B. On December 31, 2007, E transferred 1,000 shares of each of the Defendant Company to D’s directors, employees H and Plaintiff on December 31, 2007 (hereinafter “first share change”).

2) On February 20, 2009, C transferred 2,000 shares of the Defendant Company to the employees of the Defendant Company, and 1,000 shares to the J. D transferred 1,100 shares out of the shares of the Defendant Company to K employees of the Defendant Company, and 100 shares out of the shares of the Defendant Company, respectively, to the Plaintiff. H transferred 250 shares out of the shares of the Defendant Company to the Plaintiff and K, and 500 shares to the J.

3) On December 29, 2010, I transferred 2,00 shares of the Defendant Company, which had been transferred by C, to J. K re-transfered 200 shares of the Defendant Company, which had been transferred by D or H, to D. As to the remaining 1,150 shares, K transferred 650 shares to the Plaintiff and 50 shares to G (hereinafter “third share change”).

4) On December 20, 2011, D transferred all 2,000 shares it possessed to the wife.

(5) On July 24, 2012, Defendant Company decided to issue new shares by holding a board of directors on July 24, 2012 (the par value of KRW 5,000 ordinary shares of KRW 10,000, the number of new shares in proportion to the shares held by the current shareholders.

According to the above resolution, G respectively accepted new shares of 2,500 shares, J 3,500 shares, the Plaintiff 2,000 shares, and L 2,00 shares. Accordingly, G out of the total shares of Defendant Company 20,000 shares, G 5,00 shares, J 3,500 shares, the Plaintiff 4,00 shares, and L 4,00 shares.

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