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(영문) 부산지방법원동부지원 2016.05.03 2015가단212161
주주권 확인
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) (hereinafter “Plaintiff Co., Ltd.”) who was incorporated into E on March 31, 2007 and changed to D on March 31, 2012.

B. At the time of incorporation of the Plaintiff Company, the total issued shares were 30,000 shares. Among them, F (registered in the name of wife G) acquired 9,90 shares (33%), 9,900 shares (registered in the name of 33%) by the Plaintiff, 9,900 shares (33%) by the Plaintiff, the Plaintiff’s children, and the J acquired 10,200 shares (34%) by the J.

C. On February 20, 2010, the Plaintiff acquired 100,200 shares of the Plaintiff Company from J in KRW 12 billion.

On February 26, 2010, the Plaintiff drafted the following agreements (hereinafter referred to as the “instant agreement”) in the name of the Plaintiff Company with Defendant B regarding the K active fish board extension business of the Plaintiff Company:

D. D: Representative Director E/H of the Bank of Korea

1.A shall pay 170 million won to B.

2. B Upon completion of the instant extension project to which B is implementing, B shall transfer its ownership by separately imposing an additional tax on 501 attached documents.

3. 34% of the profits shall be paid to A by dividing up the second floor when the instant extension project will be non-industrialized.

4. A shall have 34% of shares under title trust in the name of Company A, and shall have the rights and obligations in respect of shares.

E. On February 26, 2010, Defendant B: (a) paid KRW 170 million to the Plaintiff Company; (b) was recorded in the register of shareholders around that time; and (c) drafted a share acquisition agreement on February 11, 2015 that the Plaintiff Company’s shares are transferred to Defendant C.

F. Defendant B filed a lawsuit claiming an agreed amount of KRW 170 million (this Court 2015Gahap921) against the Plaintiff Company on January 29, 2016, seeking partial claims out of the agreed amount under the instant agreement. Defendant B rendered a favorable judgment against the Plaintiff Company on January 29, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 17 (including provisional number), Eul evidence 1 to 4, the purport of the whole pleadings.

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