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(영문) 수원지방법원 여주지원 2018.04.11 2017가합5821
회사에 관한 소송
Text

1. The Defendant’s issuance of 30,000 common shares per par value of 5,00 won per February 17, 2017 must be null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a company with the purpose of real estate sale, lease, sales agency, etc.

As of February 14, 2017, the Plaintiff is a shareholder who holds 2,500 shares out of 10,000 shares issued by the Defendant.

1. The class and number of shares to be issued under subparagraph (1) of the issuance of new shares: The total number of shares to be issued under subparagraph (2) of 30,000 common shares: 150,000,000 won (3): 30,000 won (4) per share value: 5,000 won (5) per share value: 5,000 won (6) due date: 8 February 16, 2016: The method of allocating new shares and the current status of allocating new shares: A third party who wishes to acquire new shares pursuant to Article 9 (2) 1 through 4 of the articles of incorporation shall be allocated new shares;

B. On February 2, 2017, the Defendant passed a resolution of the board of directors to issue new stocks with the following content on the ground that it is necessary to increase capital for the purpose of improving the financial structure for the business convenience of 10:00.

It is necessary to increase the capital because the expenses to be handled by the company are too much.

Doese in tax accountants need to be talked.

Capital increase amount: 150,00,000 won, date of payment: February 17, and place of payment: Statement of allocation to a third party after allocating the former shareholders.

If there is an intention to participate in the meeting, a summary of contact.

C. On February 2, 2017, the Defendant’s representative C sent the following text to the Plaintiff (hereinafter “instant text”) around 19:49.

On February 17, 2017, the Defendant issued 30,000 new shares worth 5,000 won at par (hereinafter “instant new shares”) and allocated them to C (8,000 shares), D (12,00 shares), and E (10,000 shares) other than the existing shareholders, respectively, and completed the registration of modification concerning the issuance of new shares on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence Nos. 50, 51, 56, 57 (including cases with various numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The summary of the cause of the claim is that the issuance of new shares in this case is null and void as follows.

The defendant did not hold the board of directors on February 17, 2017, but completed it.

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