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1. It is confirmed that the issuance of new shares of 48,000 shares (ordinary shares, 5,000 won per share) made by the Defendant on July 31, 2014 is null and void.
Reasons
1. Basic facts
A. On October 2, 2007, the Defendant established a company with the aim of developing the overseas leisure industry with capital of KRW 100 million (amounting to KRW 5,000, average share 20,000). G (G., LC, hereinafter “G”) is the Defendant’s subsidiary holding 10% of the shares as a corporation established under the U.S. subordinate, and the said G owns H in the U.S. subordinate, and the said G owns the shares of KRW 100.
(A) Evidence No. 1). (b)
At the time of May 31, 2013, according to the Defendant’s list of shareholders, 10,000 shares out of the Defendant’s total shares 20,000 shares were stated as being owned by I and the rest of 10,000 shares. However, the shares in J were actually owned by K.
(No. 22) No. 1 (c)
I died on June 4, 2013, and at the time of death, there was an E, F, or L, the spouse of the Plaintiff A and his/her children, but upon the renunciation of inheritance on December 16, 2013, the Plaintiff A inherited the said E, F, or L alone.
(Evidence A 3, 4, 5) d.
Plaintiff
B submitted relevant documentary evidence, such as the agreement on stock security concluded by K and Plaintiff B, to the Defendant immediately after the I’s death, and requested transfer of ownership to the Defendant 10,000 shares of K owned (J) in its name.
However, the document submitted by the Plaintiff B included a transfer security agreement under which the Plaintiff C (hereinafter “Plaintiff C”) who was the Defendant’s subsidiary at the time, transferred the Defendant’s 2,942 shares to the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) and the Defendant transferred the 7,058 shares out of the 10,000 shares owned by the network K on July 1, 2013 to Plaintiff B, and the 2,942 shares, respectively, to Plaintiff C.
(A) Evidence Nos. 2, 22-2, 21-2, 1, 2). (e)
After the Defendant’s aforementioned change of entry, the Defendant’s general meeting was held on September 4, 2013, and Plaintiff B did not disclose the Plaintiff C’s loan claims against K, which is the cause of the right to collateral security, and objection to the said change of entry.