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Reasons
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(영문) 대전고등법원 (청주) 2018.11.14 2018나2821
회사에 관한 소송
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1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. 1) The Defendant was a company established around November 20, 2015 for the purpose of waste disposal business, etc., and at the time of its incorporation, the total number of outstanding shares was 5,000 (10,000 won per share) and the capital was 50,000,000 won. 2) The Defendant increased the capital of 450,000,000 won around March 2016, thereby making the total number of issued shares was 50,000 won and the total capital was 50,000 won.

3) On March 2017, the Defendant’s statement of the change of stocks, etc. submitted by the Cheongju Tax Office, the Defendant held 2,500 shares each of D and B in early 2016, but at the end of 2016, D and Plaintiff owned 25,00 shares each of them as at the end of 2016.B. D and Plaintiff A transferred 3,750 shares each of the Defendant’s shares held by D and A in total as at KRW 75,00,000 (10,000 per share); ② between N and D and the Defendant’s shares held by the Plaintiff; and (2) between D and the Plaintiff, the share transfer price of each of the Defendant’s shares held as at the end of 200,500,500, and the share transfer price of each of the above shares to M (10,500,000,000 won).

2) D, Plaintiff A, M, and N drafted a commitment implementation agreement on the same day as indicated below. The Defendant’s shares were D37.5%, and F (Plaintiff A’s entire purport) appears to be beneficial shareholders and A appears to be formal shareholders, according to the purport of the Plaintiff A’s argument.

37.5%, M 15%, and N 10%.

1. The shares shall not be transferred to a third party without the consent of the said four persons;

2. No loan may be made in the future of a legal entity without the above four persons' consent.

3. To execute a corporate fund under the consent of the above four persons.

C. On March 7, 2016, Plaintiff A’s internal director on March 7, 2016, and at the time, at the time of Plaintiff A’s registration of change in executive officers on March 14, 2017.

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