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(영문) 서울중앙지방법원 2018.10.19 2017가단5227953
주금납입금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On the basis of the facts, Defendant B invested in the non-party company in the form of purchasing KRW 10,000 shares of the total issued shares of D Co., Ltd. (hereinafter “non-party company”) with which Defendant C, a representative director of the middle school was a representative director around 2009 (hereinafter “non-party company”).

However, 2,000 shares were purchased in the name of the principal, and the remaining 8,000 shares were each purchased in the name of the wife H.

On October 28, 2009, the non-party company requested the development of an inorganic asbestos scattering prevention system to E and the Korea Institute of Construction and Technology, and filed an application for a patent with the patentee on October 28, 2009 with the E, the Korea Institute of Construction and Technology, and the non-party company's third party company

(hereinafter “instant patent”). The non-party company operated its business on the basis of the instant patent, but was faced with business difficulties, and the Defendants established a new corporation and decided to continue the business utilizing the instant patent.

On December 5, 2015, Defendant B acquired 20,000 shares (value of KRW 5,000 per share) issued on December 5, 2015 as one of the promoters for the establishment of the Plaintiff, and Defendant B appointed himself as a director and a representative director and Defendant C as an internal director.

Plaintiff

The place of payment of company shares was designated as the Gangnam branch of G bank. Defendant B submitted a balance certificate of KRW 106,146,882 for his own savings account issued at the Gangnam branch of G bank as a document evidencing the payment of shares. Defendant C prepared a report stating that “The issuance of shares, acquisition, and payment of shares was confirmed to be correct,” in the qualification of the Plaintiff Company as an investigation reporter for the establishment of the company.”

The Defendants completed the registration of incorporation of the Plaintiff Company on the same day.

Plaintiff

The statement of financial position of the company 2012 is 99,55,832 won in assets, 467,500 won in liabilities, 100 million won in capital, and 93 million won in assets are included in the amount paid by the representative director.

The Defendants, under the name of the Plaintiff, engage in the business using the instant patent, are Defendant C.

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