출자지분양도등
1. The Defendant (Counterclaim Plaintiff) confirms that he is not a member of the Plaintiff (Counterclaim Defendant).
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
Basic Facts
The plaintiff is a limited company established for the purpose of running the insurance agency business, etc., and the defendant is the representative director of the non-party C Co., Ltd. (hereinafter referred to as "C").
In the process of the change in the Plaintiff’s equity shares and the increase in capital, the Plaintiff actually started the business of the insurance agency with the representative director D in proportion to the total of D 2,000 units (5,000 units per unit) and E 2,000 units (total amount of capital 20,000,000 units) on January 2, 2009, while the Plaintiff was in receipt of the transfer of E’s equity shares on March 2, 2009 and became in charge of the representative director. < Amended by Presidential Decree No. 20067, Mar. 2, 2009>
On August 25, 2009, the Plaintiff completed the capital increase by depositing in a lump sum the capital increase of KRW 390,000,000 in a national bank and completing the registration thereof. The ratio of the equity shares of the members listed in the Plaintiff’s register after the capital increase is 82,000 equity shares (total amount of KRW 410,000,000), among the total amount of KRW 82,000 equity shares, F and D, the Defendant 40,000 equity shares, G 20,000 equity shares, H, I, and J, respectively. 6,000 equity shares.
On January 5, 2010, the Defendant transferred 10,000 shares among its own shares, and G transferred 20,000 shares on the same day to K, and on the same day, K assumed office as the representative director of the Plaintiff.
At the time of the actual commencement of the Plaintiff’s business, the Defendant was dismissed from office of the representative director on November 10, 2008, when he was in office as the representative director of C ( November 17, 2003 on the date of its establishment). On November 20, 2008, he again assumed office for the representative director on November 20, 2008.
C On December 26, 2008, the Financial Supervisory Service received business suspension (60 days from February 16, 2009 to April 16, 2009) and imposition of a fine for negligence (5 million won) on the grounds that “the person without an insurance solicitation entrusted insurance solicitation to a person without an insurance solicitation and paid a commission in return for the solicitation.”
The 21 point out of the total 40 points belonging to C is a separate business for the same purpose around December 2008.