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(영문) 인천지방법원 2014.12.09 2011가합20658
주식양도등
Text

1. The Defendants jointly and severally committed against Plaintiff A and B each of KRW 84,00,00,000, and Plaintiff A, B, and Plaintiff Network C respectively.

Reasons

1. Facts of recognition;

A. Defendant H Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established on May 19, 194. At the time of its establishment, the register of shareholders was recorded as a shareholder who holds a total of 40% of the shares of ○○○ 40% (hereinafter “Plaintiff Co., Ltd.”), Plaintiff Network C (A’s wife; hereinafter “Plaintiff C”), Plaintiff B, and Defendant F’s family members, respectively.

B. At the time of May 4, 2006, the total number of shares issued by the Defendant Company was 70,000 shares, and the register of shareholders was recorded as 9,00 shares, 6,00 shares by Plaintiffs A and B, and 2,00 shares by Plaintiff C, respectively.

C. Defendant F, as the representative director of the Defendant Company, held the board of directors on May 4, 2006, and the board of directors held “10,000 common shares per share (hereinafter “instant new shares”) but the board of directors issued new shares (hereinafter “instant new shares”) but allocated new shares according to the ratio of the number of shares held by each shareholder, and the new shares that the shareholder waived the right to subscribe were publicly offered from the general public.

However, Defendant F convened the board of directors without convening the board of directors notification to Plaintiff C, who is a director, and made such resolution, and the seal of Plaintiff C was affixed to the meeting minutes of the board of directors.

Defendant Company and its representative director, Defendant F did not implement the notification and peremptory notice of the allocation of new shares in accordance with the above resolution of board of directors, and Defendant F among the total 50,000 shares of Defendant Company, Defendant F was 30,000 shares, and Defendant G was 20,000 shares shares, respectively.

E.

Accordingly, on May 8, 2006, the total number of shares issued in the corporate register of the defendant company was respectively changed from 70,000 shares to 120,000 shares, and the total amount of capital was also changed from 700,000,000 won.

F. Ultimately, after the issuance of new shares, the current status of shares of the Defendant Company was modified as follows.

Name of the shareholder.

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