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(영문) 광주지방법원 2011.08.11 2010가합5184
대여금 등
Text

1. The plaintiff's conjunctive claim against the defendant D shall be dismissed.

2. Plaintiff’s claim against Defendant B and C.

Reasons

1. Basic facts

A. The Plaintiff, Defendants, F, and G have been the children of the network H (the death of February 8, 2008) and I, and the network H and I have been engaged in the intermediate wholesale business in the name of J since 1979.

B. On January 17, 1996, the network H, K, L, M, N, andO established the E-U.D. (hereinafter “instant corporation”) and completed its registration.

(The face value of each unit of investment shall be 10,000,000).

On January 1, 1999, the deceased H purchased shares of KRW 21 million from P (6,100, 9.26%) O (4,113, 6.24%) Q (7,00, 7,000, 7.62%) Q (7,000, 7.59%) R (59), K (3,50, 5.31%) to secure management rights of the corporation of this case, and the shares held by each of them. The KRW 100,00 shall be paid up to June 30, 199, and the balance 10,000,000 won shall be paid up to December 31, 199. The Plaintiff jointly and severally guaranteed the obligation to pay purchase shares.

On December 15, 2001, the network H purchased shares held by S (3,00 shares, 4.55 per cent of its shareholding ratio) in addition to P, S,O, Q, R, and K. The shares were transferred on December 15, 2001 by 28,713 shares held by each of them.

As a result, the network H held 23,500 shares (i.e., 10,00 shares previously purchased 13,50 shares, 35.65 shares), Defendant B, a woman, 18,713 shares (i.e., 18,713 shares previously purchased, 28.39 percent shares), and the Plaintiff, a woman, owned 23,50 shares (no shares change, 35.65 percent shares), respectively, and the remaining shares were distributed to other union members.

(The total number of shares of the instant corporation is 65,910 shares). E.

On February 4, 2008, immediately before the death of the network H, the unit of 23,50 shares of the network H was transferred to the Plaintiff’s wife. On June 18, 2008, the unit of inheritance shares (the Plaintiff, Defendants, F, and G 2/15, respectively, who is the wife of the network H) re-transfered to the heir of the network H in accordance with the inheritance shares ratio (the Plaintiff, the Plaintiff, the Defendant, the children of the network H, the wife of the network H, the Plaintiff, the Defendant, the F, and the G 2/15). The Plaintiff 26,63 shares (the previous 23,50 shares of inheritance 3,133 shares), the first 4,70 shares, the Defendant B 21,847 shares (the previous 18,713 shares inheritance 3,134 shares), the Defendant C, the Defendant C, and the G 3,133,130 shares and F.

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