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(영문) 부산지방법원 2016.11.24 2015가단84377
주주권확인등
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. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged in full view of the entries in Gap evidence Nos. 1-7, 11-15 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1-7, and witness E, F, and G testimony.

Defendant D Co., Ltd. (hereinafter “D”) is a company established on April 11, 2003 and issued stocks are 10,000 won per share (5,00 won per share).

B. At the time of establishment, the Plaintiff acquired and held 2,600 shares (26%) of Defendant B, 1,00 shares (10%) of Defendant C, 300 shares (3%) of Defendant C, G 500 shares (5%) of H, 500 shares (5%) of H, and 5,100 shares (51%) of E.

Upon the Plaintiff’s request, E, a person with the eighth degree of relationship, lent KRW 300 million to Defendant D, and took over KRW 5,600 shares of Defendant D as collateral for the same. The register of shareholders was registered as holding 5,100 shares in his own name and 500 shares in H, a Plaintiff’s name.

C. On July 16, 2008, Defendant D obtained a loan of KRW 200 million from the National Bank of Korea, and withdrawn KRW 100 million, and repaid KRW 300 million to E on July 17, 2008, E decided to return the above 5,600 shares to Defendant D, and on the same day, drafted a sales contract on KRW 5,600 shares between F and F in the name of oneself and H.

Around the same time, the Plaintiff prepared a sales contract with Defendant B to sell 800 shares out of the shares owned by Defendant D.

E and Defendant D’s 6,400 shares (i.e., 5,600 shares) that were returned or agreed to be returned or transferred as above by the Plaintiff (i.e., 800 shares, 1,500 shares to Defendant C, 2,800 shares to F, and 1,300 shares, respectively, and the Plaintiff on the shareholder registry (i.e., 2,600 shares - 800 shares), Defendant B owned 1,800 shares (= 1,000 shares), Defendant C owned 1,800 shares (i.e. 300 shares), G owned 1,800 shares (= 1,500 shares), and F owned 2,80 shares (i.e., 500 shares).

(hereinafter referred to as “the primary stock change”). (e)

No. 1.

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