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(영문) 서울중앙지방법원 2015.07.17 2014가합39355
주식지분비율확정
Text

1. Of the 50,000 common shares issued by the Defendant (in the amount of KRW 1,000 per share), the Plaintiff A’s 5,00 shares and the Plaintiff B’s 2,50 shares.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant (the trade name at the time of incorporation was “D” but was changed to the current trade name on February 1, 2012.

Meanwhile, on February 1, 2012, the Supreme Court rendered a non-litigation judgment confirming that there is no resolution of the provisional shareholders' meeting on the change of the above trade name.

(See Supreme Court Decision 2012Ga24588 Decided September 14, 2012) is a stock company established for the operation of a postnatal care center on May 6, 2011. (2) Plaintiff A is a stock company established for the operation of a postnatal care center on May 6, 2011. (3) Plaintiff A is a person recorded in the Defendant’s shareholder registry as of December 14, 201, May 2, 2012, and August 13, 2013; Plaintiff B is a person entered in the Defendant’s shareholder registry as of December 14, 2011, and August 13, 2013.

(Evidence A 1, 4, 5, 8). (b)

1) Preparation of the instant performance agreement 1) Plaintiff A and E (the representative director at present of the Defendant), F, G, H, I, J, and K as a partner of the partnership on June 6, 2011 (hereinafter “instant performance agreement”).

(2) The above parties entered into a contract. The above parties made a loan to the defendant according to the amount stated below (attached Table 1), and the ratio of each borrower's loan to the total amount after all the expenses incurred after the completion of all the expenses incurred shall be set at the ratio of shares issued by the defendant to the ratio of shares issued by the defendant. (2) On the other hand, the above execution agreement is subsequent to the defendant's operation and share of shares, and all the liabilities for the business are based on the share ratio, and the change and cancellation of the loan amount shall be possible under the agreement of the parties.

(A) The agreed party E. A. 200 million won, Plaintiff A. 200 million won, G 200 million won, J. 200 billion won, the sum of KRW 1.2 billion, J. 200 billion, the sum of KRW 1.3 billion, KRW 1.8 billion, and KRW 1.8 billion, [Attachment 1]

C. After entering the list of shareholders as of December 14, 201, the Defendant shall be based on the instant performance agreement.

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