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Reasons
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(영문) 수원지방법원안산지원 2019.07.24 2018가단55176
물품대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 19, 2009, the Plaintiff entered into a contract to purchase shares with B Co., Ltd. (D, a mutual company prior to the alteration; hereinafter the same) and the Plaintiff participating in the increase of B’s capital and purchase shares by paying KRW 100 million.

The Plaintiff paid KRW 100 million to B on June 22, 2009 according to the above contract.

B. The shares in B were owned by E and representative C with 5,000 shares, but shares were not issued to the Plaintiff or registered as shareholders in the register of shareholders even after the Plaintiff paid KRW 100 million.

Upon the plaintiff's assertion, B prepared an investment contract with the plaintiff on April 12, 2011 and notarized, and Article 7 of the investment contract is as follows:

1.B means 80,000 shares of shares to be issued, including 30,00 shares of registered ordinary shares issued previously.

2. It is confirmed that the Plaintiff has increased its capital from 10,000 common shares issued at KRW 100,000 to June 23, 2009.

3. B appears to refer to the register in B’s certified copy of the register. In the course of capital increase from 30,000 common shares listed in the note to 80,000 common shares, B is obligated to preferentially use the entire amount of the funds distributed for profits in preference to the capital increase.

(1) To revise the register of shareholders as follows and to record the register in consultation.

- 75% of the shares held C (112,50,000 won) - With respect to 25% of the shares held by the Plaintiff (37,500,000 won) (2) the difference of the Plaintiff (62,500,000 won) 62,50,000 won, the amount of investment shall be adjusted to the revised copy of the register until the amount of investment reaches 25% of the total shares, whenever the capital in B would be increased up to 400,000 won.

C. The register of shareholders in B-2014 held shares 22,50 shares (75%) and the Plaintiff 7,500 shares (25%). The register of shareholders in 2015 held shares 52,50 shares (87.5%) and the Plaintiff 7,500 shares (12.5%).

On August 28, 2017, C, the representative of B, purchases 5,100 shares out of 7,500 shares owned by the Plaintiff (12.5%).

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