주주권확인
1. Revocation of a judgment of the first instance;
2. Attached Form issued by Defendant D between the Plaintiff, Defendant B, and Defendant C.
1. Facts of recognition;
A. At the time of incorporation, Defendant D Co., Ltd. (hereinafter “Defendant Company”) was established on December 28, 2007. At the time of incorporation, the shareholders’ list of the Defendant Company was registered as holding 45% (4,500 shares), Defendant C’s 5% (500 shares), E, and F each 25% (2,500 shares). However, the Plaintiff borrowed the name of E and F, and owned 50% (5,00 shares) of the said shares.
B. The Defendant Company was operated by the Plaintiff’s company G (hereinafter “Nonindicted Company”) in the form of performing the marketing inspection service contracted by the Plaintiff, and the Plaintiff sold the entire shares of the Nonparty Company to a third party around 2013.
C. On February 25, 2014, the Plaintiff drafted a share donation agreement with Defendant B as follows (hereinafter “instant donation”); and Defendant C also signed and sealed the Plaintiff’s wife H and Defendant B’s wife in the said donation agreement.
Article 1 of the Agreement (Agreement on Share Donation) : Accounting advances, provisional payments, etc. that have occurred before the conclusion of the Agreement on Share Donation between the Plaintiff and the Defendant B shall be resolved under the responsibility of the Defendant B, and no claim shall be made.
In addition, all other matters are not discussed.
Article 2:Agreement to transfer to Defendant B the entire amount of 25% of borrowed-name shares E25% and F 25% with the Plaintiff’s possession to free donation. Article 3: Agreement for Non-performance, such as mutual defamation, conspiracy, and spread of false facts, shall be terminated, and shall be legally and criminally liable.
On February 25, 2014, Defendant B and Defendant C prepared a letter stating that “I will not discuss all the stories of the Plaintiff and H (such as a name passbook transaction, golf operation, other information, provisional payment, advance payment, loan loan, etc.)” with the Plaintiff on the same day (hereinafter “each of the instant notes”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and Eul evidence No. 1, and arguments.