logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.03.30 2014가합26105
대위변제금반환청구등
Text

1. Defendant B Co., Ltd.: 143,00,841 won and 142,934,661 won among them to the Plaintiff, from February 18, 2008 to 66.

Reasons

1. Basic facts

A. On August 23, 2005, the Plaintiff and D had the name of E buyer under the name of E, but the actual purchaser borne the purchase price by G.

The Defendant Company B (hereinafter “Defendant Company”) owned by the Plaintiff and D entered into a contract for acquisition of shares and management rights to transfer KRW 800 million (hereinafter “instant shares”) of 23,100 shares of the Plaintiff Company B (the trade name at that time was “F of the Company,” changed on April 23, 2012; hereinafter “Defendant Company”) and the Defendant Company’s management right to transfer KRW 23,100 shares (the ownership of Plaintiff 20,100 shares, D3,00 shares; hereinafter “instant shares”). The contract deposit amount of KRW 150 million was paid until September 23, 2005 by the date of the contract, intermediate payment of KRW 150 million until September 23, 2005, and the remainder amount of KRW 500 million until November 23, 2005.

B. On September 29, 2006, when the Plaintiff was in office as the representative director of the Defendant Company, the Plaintiff entered into a comprehensive collateral security agreement with the new bank Co., Ltd. (hereinafter “new bank”) to guarantee the Defendant Company’s obligations to the new bank within the limit of KRW 260 million.

C. The Plaintiff subrogated the principal and interest of 143,00,841 won (120,000,000 won on January 9, 2008, 17, 17, 2008, 22,934,661 won on February 17, 2008, and 6,180 won on September 6, 2008) to the Defendant Company’s new bank under the above collateral guarantee contract.

G: (a) Around April 3, 2010, transfer the instant shares to itself; (b) on April 3, 2012, the Defendant Company H transferred KRW 300,000 shares of the Defendant Company to Defendant C at KRW 550,000,000; (c) around that time, the Defendant C completed the change of ownership on the said shares in its own, I, J, and K; and (d) on April 23, 2014 as of April 23, 2014, the Defendant C entered 6,00 shares in the register of shareholders with KRW 9,00 shares in the total shares issued by the Defendant Company, KRW 9,00 shares in I, the J, and KRW 6,00 shares in the register of shareholders with KRW 6,00 shareholders in the register of shareholders.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 7, 8, 9, Eul evidence Nos. 12-5 through 8, and the purport of the whole pleadings

2. Requesting confirmation of shareholder status;

A. The summary of the Plaintiff’s assertion 1 by the parties concerned is the instant case.

arrow