주주권확인
1. Shares listed in the name of the Defendant in the register of shareholders of C Co., Ltd. are 3,000 shares (ordinary shares, 5,000 won per share).
1. Basic facts
A. On January 13, 2005, the Plaintiff is a representative internal director of C Co., Ltd (hereinafter “instant company”) established for the purpose of main supplies, household appliances, retail business, etc.
The Defendant joined the instant company on July 15, 2007, and was appointed as an auditor of the instant company on March 23, 2009, and retired on October 31, 2013.
B. At the time of the incorporation of the instant company, the capital was KRW 50,000,00 (the total number of shares issued, KRW 10,000, per share amount of KRW 5,000, and non-issuance of share certificates) and owned KRW 5,000 among the shares of the instant company, and the Plaintiff acquired the said KRW 5,000 from D around November 3, 2005.
C. Around January 3, 2007, F, the Plaintiff-friendly G, an employee of the instant company, acquired 2,500 shares out of 5,000 shares owned by E, respectively, and the Plaintiff transferred 100 shares out of 5,00 shares owned by G around that time.
F was withdrawn on September 30, 2007, and H, the employee of the instant company, the Defendant, among the shares 2,500 held by F, acquired 1,00 shares, and 1,50 shares by the Defendant respectively.
1 H 2,000 10% 2 Plaintiffs 9,800 49% 3 Defendant 3,000 15% 4 G 5,200 26%
D. After October 25, 2007, the instant company issued new shares with 100,000,000 capital from 50,000,000 won (total number of issued shares, 20,000 shares per share, 5,000 won per share, and outstanding shares). The price for new shares issued was fully paid with the Plaintiff’s capital.
Accordingly, the status of stock ownership of the company of this case was changed as shown below.
(B) the shares held by the Defendant are owned by the Defendant (hereinafter referred to as “instant shares”).
H retired on August 31, 2012, and 2,000 shares held by H were transferred to I who had been an employee of the instant company.
Accordingly, the ownership status of the instant company’s shares was changed by 1 I 2,000 10% 2 Plaintiffs 9,800 49% 3,000 15% 15% 4 G 4 G 5,200 and 26% thereafter, the same status is maintained up until now.