주주권확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On December 9, 2010, the Plaintiff was appointed as the representative director of C Co., Ltd. (hereinafter “C” or “E” on March 25, 2016), but was reappointed on January 2, 2013, and was reappointed on May 20, 2013, and thereafter held 30,000 common shares issued by C (hereinafter “instant shares”).
B. After establishing C on December 9, 2010, the Plaintiff withdrawn C’s capital amounting to KRW 300 million, and, on December 9, 2010, on December 9, 2010, the date of the establishment of C Book, the representative director of the Plaintiff appropriated KRW 288 million.
As of December 31, 2013, the provisional payment of the representative director shall be 362 million won.
C. As of November 3, 2014 between the Plaintiff and the Defendant, a share purchase agreement was concluded between the Plaintiff and the Defendant to purchase the instant shares from the Plaintiff as of December 31, 2014 (Evidence A1).
On October 29, 2014, the Plaintiff resigned from the representative director of C, and the Defendant was appointed as the inside director of C’s representative on the same day.
E. On April 3, 2015, the Defendant filed a lawsuit against the Plaintiff on April 3, 2015, as the representative of E, seeking payment of KRW 30 million, which is a part of the provisional payment, as the Daegu District Court Decision 2015Da107646, and on November 17, 2017, E was favorable and the Defendant was sentenced to a judgment against the Defendant.
Accordingly, the plaintiff's appeal is currently pending in the appellate court as the Daegu District Court 2017Na316070.
On the other hand, the Plaintiff filed the instant lawsuit on October 7, 2015.
F. As of October 29, 2014, the Defendant entered as the holder of the instant shares on the C’s list of shareholders, but as of March 28, 2016, the Defendant stated that as of March 28, 2016, the Defendant holds 21,000 shares, F, G, and H, each of 1,000 shares, and 6,00 shares by I.
[Ground of recognition] Facts without dispute, Gap evidence 1, 17, 20, Eul evidence 3, 4, and 9, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1.