손해배상(기)
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 26,00,000 and 5% per annum from March 4, 2016 to July 10, 2019.
1. Facts of recognition;
A. From around 2013, Defendant C decided to establish Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the Plaintiff, E, etc. for the purpose of developing and manufacturing drones, along with the Plaintiff, etc. that came to know in Internet D Cafs.
B. The Defendant Company was established on June 17, 2015, and issued 20,00 common shares with a face value of 10,000 common shares at the time of its establishment. On the shareholder registry, Defendant C is registered as holding 10,000 common shares, Plaintiff A’s 2,600 shares (hereinafter “instant shares”), F Company’s 2,80 shares, E 2,600 shares, and G as holding 2,00 shares.
C. At the time of the establishment of the Defendant Company, E was the representative director, but Defendant C was appointed as the representative director from July 13, 2015.
On July 14, 2015, without the Plaintiff’s consent, Defendant Company disposed of the forfeiture of 1,600 shares of the instant shares (the face value of KRW 10,000) and allocated it to Defendant C. On December 11, 2015, Defendant Company disposed of the Plaintiff’s remaining 1,00 shares (the face value of KRW 10,000) without the Plaintiff’s consent, and allocated it to Defendant C.
E. Meanwhile, the Plaintiff was dismissed from office as a director of the Defendant Company as of August 31, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 13, 14, 15 (including Serial Nos. 1, 2, 15), the fact inquiry results of the court's chemical duty, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) Whether the Plaintiff is a de facto shareholder of the instant shares in the register of shareholders is presumed to be the shareholder of the instant company and the person who is registered as the shareholder in the register of shareholders bears the burden of proving the denial of the shareholder’s rights in order to reverse the presumption, so in order to assert that the name of the shareholder in the register of shareholders was trusted and that there was a separate shareholder as the person who is the nominal shareholder, the Plaintiff must prove the fact of nominal transfer in the register of shareholders (see, e.g., Supreme Court Decisions 2007Da27755, Sept. 6, 2007; 2010Da91916, Mar. 24, 2011).