주주권확인 등
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. Basic facts
A. On December 1, 2011, the Plaintiff loaned KRW 24 million (hereinafter “instant loan”) to Defendant B on December 20, 201, setting the due date as December 20, 201.
B. Defendant B agreed to waive the ownership of the shares owned by Defendant B among the shares of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) if the instant loan cannot be repaid by the due date.
C. The total number of shares issued by the Defendant Company is 10,000 shares, and the Defendant B owns 1,800 shares among them (attached Form).
On December 14, 2011, the amount of KRW 25,085,00 has been withdrawn from the NFF’s account of E Co., Ltd. (hereinafter “E”) and KRW 24,000,000 has been paid to the Plaintiff among them.
(24,000,000 won was deposited into the Plaintiff’s Han Bank account, and 6,000,000 won was paid to the Plaintiff in cash.
On June 18, 2014, the Plaintiff requested Defendant B to cooperate with the transfer procedure in the name of the Plaintiff on the grounds that the instant loan was not repaid until the due date.
【Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, and Eul evidence 7 (including branch numbers, if any; hereinafter the same shall apply)
3) The grounds of appeal are examined.
2. The parties' assertion and judgment
A. The gist of the parties’ assertion is that the Plaintiff did not pay KRW 24,00,000 to the Plaintiff, and the shares listed in the attached list of Defendant B belonged to the Plaintiff according to the agreement, and the Defendant Company is obligated to implement the transfer procedure to the Plaintiff.
On December 14, 201, Defendant B asserted that KRW 24,00,000 paid to the Plaintiff from the account of E on December 14, 201 was paid for the repayment of the Defendant’s debt.
B. We examine the following circumstances, i.e., the representative director D of the Plaintiff, based on the above evidence and evidence Nos. 2, 4, and 5, and the overall purport of the pleadings.