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(영문) 수원지방법원 2020.11.19 2019나84321

주식소유확인 등

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All appeals by the plaintiffs against the defendants are dismissed.

The costs of appeal are assessed against the plaintiffs.

purport.

Reasons

1. Basic facts

A. Since around 2004, K has been actually operating the Defendant Company as a director and auditor of the Defendant Company, and R is K’s identification.

M is a person who has taken part in management from March 2006 to make an investment or a lending of money to the defendant company, and around March 30, 2006, M is a representative director of the defendant company and is in service until now.

B. On April 3, 2006, K and M have written an agreement with the effect that “K has given 50% of the Defendant Company’s friendly stocks and the representative director position to M, and M has promised to comply with the agreement with K, such as making efforts to develop the company, giving honorable treatment to K equivalent to the Chairperson, and guaranteeing the amount of KRW 7 million as monthly salary (hereinafter “Agreement”).” The said agreement also states the purport of confirming that the amount of KRW 420 million was deposited in M’s capital. (c) On January 14, 2008, K and M have written an agreement with the Plaintiffs, N, andO to transfer shares in the name of the Plaintiffs, N, andO (hereinafter “Agreement”).

On the other hand, at the time of the preparation of the above agreement, the total number of shares issued by the defendant company was 20,000 shares. Among them, N andO were 4,500 shares (each 22.5%) among them, and 3,000 shares (15%) were described respectively as Plaintiff A, 2,600 shares (13%) as Plaintiff B, and 2,000 shares (each 10%) as Plaintiff C and Plaintiff D, and 1,400 shares (7%) as Plaintiff E.

M paid KRW 300 million to K on January 14, 2008 as a share transfer price, and K transferred 9,000 shares of the Defendant Company that it held under N andO (25% of the total number of shares issued by Defendant Company at that time) to M and M P around March 2008.

6,000 The remaining 3,000 shares were transferred in the name of M, respectively, in the name of P.

E. On July 8, 2014, K and M collectively hold the Plaintiffs’ stocks 10,00.