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Reasons
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(영문) 서울중앙지방법원 2015.05.21 2014가합571835
주주권 확인의 소
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the parties is etc. 1) D Co., Ltd. (hereinafter “D”).

(D) As of January 1, 2004, as of January 1, 2004, the capital of D is KRW 350 million, and the number of issued stocks is KRW 70,000,000. 2) The Plaintiff is in office as a director from October 2, 2003.

3) Defendant B serves as D’s director from October 2, 2003 and as D’s representative director from April 29, 2013, and Defendant C serves as D’s director from December 20, 2004. (b) From January 1, 2004 to December 31, 2004, the detailed statement of the state of the fluctuation of D’s stocks (Evidence 1) from January 1, 2004 (Evidence 1) is written as follows.

Plaintiff C 18,900 2 E 272 E 8,400 12 3 Defendant C 18,900 27 4 F 5,600 85 Defendant B B 18,200 70,200 26 18,200 10 26) D increased capital by issuing additional shares of KRW 50,000 per share on December 23, 2004 (hereinafter “the primary capital increase in this case”).

(3) From January 1, 2004 to December 31, 2004, D’s statement of state of fluctuation of stocks, etc. (Evidence (Evidence (Evidence (No. (1)) is written as follows.

Plaintiff C 32,400 73 Defendant C 32,400 13,50 35.33 2 E 8,400 13,500 4 F 67 April 67, 600 5 Defendant B 31,200 13,000 26 120,000 50 120,000 50,000 10

C. D’s secondary capital increase 1) D was additionally issued on November 26, 2005 at a par value of KRW 5,000 per share of KRW 5,000,000 and increased KRW 150 million (hereinafter “the second capital increase”).

(2) From January 1, 2005 to December 31, 2005, D’s statement of the situation of the fluctuation of stocks, etc. (Evidence (Evidence (Evidence (No. (7)) of D’s statement of the situation of the fluctuation of stocks, etc. from January 1, 2005, D’s shareholders, the number of stocks owned, and the ratio of ownership as of December 31, 2005

The share ratio (%) 1 Plaintiff 45,500 3,100 2 E 18,000 9,600 123 Defendant C 40,500 8,100 8,100 27 27 29,000 7,800 7,800 26 G 26 G 7,000

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