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(영문) 대구지방법원서부지원 2017.09.08 2016가합52723
주식명의개서 등
Text

1. All of the plaintiffs' lawsuits against Defendant C are dismissed.

2. The plaintiffs' defendant D Co., Ltd. and E Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff, as the party, was the only in-house director, who is a single shareholder of Defendant D Co., Ltd. (hereinafter “Defendant D”), and the Plaintiff B was the only in-house director who was the Defendant D Co., Ltd. (hereinafter “Defendant E”), and was the only in-house director, who was the only in-house director. The Plaintiffs are married.

Defendant C is the husband of H, who is his father, who is his father, and Defendant C is the husband of Defendant C.

B. Around November 20, 2015, Defendant C unilaterally prepared a share acquisition agreement with the effect that all of Defendant D’s shares and all of Defendant E’s shares listed in paragraph (1) of the attached Table No. 1 of the Plaintiff’s name are transferred to each Defendant C, and the name of shareholders listed in Defendant D and Defendant E’s shareholder registry was changed to each of the Plaintiffs. (2) Defendant C removed Defendant E’s inside director B on January 28, 2016; (3) Defendant C prepared a written resolution with the content that Defendant C is appointed as Defendant E’s inside director; and (4) completed the removal and appointment registration of Defendant C using it on the same day; and (4) Defendant D’s in-house director was dismissed on January 29, 2016; and (5) Defendant D’s in-house director was appointed as Defendant D’s entire in-house director; and (3) Defendant D’s in-house director’s written resolution with the content that it was appointed as Defendant D’s in-house director.

C. In a criminal case based on the Plaintiffs’ complaint, Defendant C was sentenced to one-year imprisonment with prison labor and two-year suspended sentence on February 3, 2017, on the ground that: (a) forged a share acquisition agreement under the Plaintiffs’ names; (b) removed the Plaintiffs from Defendant D and the inside directors of Defendant E; and (c) made false registration of the fact that Defendant C and Defendant D will take office as the inside directors of Defendant E and Defendant D in sequence.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, 10

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