(영문) 서울중앙지방법원 2014.10.08 2013나40086

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(영문) 서울중앙지방법원 2014.10.08 2013나40086

명의개서

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1. The judgment of the first instance is revoked, and the defendant's name on the part of the defendant in the register of shareholders constitutes 10,000 common shares.

Reasons

1. Determination as to the cause of claim

A. On June 8, 2009, the Plaintiff established the Defendant (former company E) with the purpose of construction business and implementation business, logistics management business, and consulting business thereon. The Defendant stated in the articles of incorporation that “the shareholders may transfer their shares with the approval of the board of directors (Article 12), the method of resolution of the board of directors shall be the majority of the directors and the majority of the present directors (main sentence of Article 41(1)), and the shareholders who have special interests in the resolution of the board of directors shall not exercise their voting rights (Article 41(2)),” and “the shareholders may transfer their shares with the approval of the board of directors” in the certified copy of the corporate register.

3) The Plaintiff and his spouse F and G Co., Ltd. (the representative F, hereinafter “G”) may be disputed after transferring the business rights to D with financial standing.

() As of July 13, 201, as follows, D (the representative director and in-house director and shareholder of the Defendant), H (the director and shareholder of the Defendant), I (the Defendant’s auditor) agreed on July 13, 201 for the ground logistics center business in the JJ in Gwangju City, and immediately thereafter, B assumed office as outside director on July 25, 201.

Paragraph (1) The plaintiff shall lend KRW 300 million to the defendant for this project within three days from the date of preparation of this Agreement.

Paragraph 2 D shall hold 50% of the shares issued by the Defendant in return for the Plaintiff’s lending of money, as described in Paragraph 1, and 35% of the shares issued by the Defendant shall be transferred from the shares in D and D and the remaining 15% shall be recovered and held.

The remaining shareholders, other than K, agree that the shares of each shareholder shall be reduced by 50/85 as the plaintiff is transferred from the shares of D and D to 35%.

The shares planned to be owned by the Plaintiff are either the Plaintiff or the Plaintiff.

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