사원권 확인
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant Company is a limited company incorporated with the total amount of KRW 10,000 per investment share and the total amount of KRW 320,000,000 (total number of investment shares) for the purpose of collecting earth and rocks, etc., and the Plaintiff holds the employee rights of the Defendant Company from November 2, 2015 to January 31, 2018 (1,600 shares are the Plaintiff’s name, 30,40 shares are the Plaintiff’s name, 400 shares are the Plaintiff’s representative directorD) and resigned on January 31, 2018.
B. Around January 31, 2018, part of the Plaintiff’s employee rights were transferred to E Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant Company’s employee rights were owned by F,60 units, G, 4,800 units, H, the representative director of the Nonparty Company, and Nonparty Company 12,80 units, respectively, based on January 31, 2018.
C. On January 31, 2018, Defendant Company: (a) appointed Defendant C as representative director at a general meeting of members held on January 31, 2018; and Article 7 of the Articles of incorporation provides that “The shares of members may be transferred in whole or in part with the attendance of a majority of the total members and the consent of a person with at least 2/3 of the right to vote,” (Article 13 of the Articles of incorporation provides that “Except as otherwise provided in the articles of incorporation, a resolution at a general meeting of members shall be adopted by the attendance of members with at least 2/3 of the total members’ voting
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 6, and the purport of whole pleading
2. The Plaintiff’s assertion that Defendant C’s husband, on behalf of the Plaintiff, agreed that the Plaintiff shall pay KRW 300,00,000 to the Plaintiff in return for the right of employee, and that the Plaintiff shall pay KRW 300,00,000 in return for the right of employee, by transferring 9,600 shares to Defendant C, and 12,80 shares to the non-party company, by taking over Defendant C to the representative director of the Defendant company.
Accordingly, the plaintiff transfers the membership rights to the defendant C, and the representative director.