주주권확인 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. In November 201, the Plaintiff and D decided to contribute KRW 250,000,000 to Schlage business, respectively, around November 201.
B. Accordingly, among shares 10,00 shares of Defendant B Co., Ltd. (hereinafter “Defendant Company”) established on November 10, 201, the shares were allocated to the Plaintiff 2,100 shares, D 4,90 shares, and 3,000 shares to Defendant C, and registered in each shareholder registry.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 8, Eul evidence 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion on the cause of the claim and D agreed to establish a stock company and jointly manage Smarket by holding 50% of their respective shares. Since 2,900 shares out of the shares in Defendant C’s name are owned by the Plaintiff, the Defendants disputing the claim seek confirmation that the shareholders’ rights of the shares in the separate sheet are the Plaintiff. The Defendant Company is obligated to implement the transfer procedure by changing the name on the list of shareholders in the separate sheet to the name of the Plaintiff.
B. In full view of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff and D agreed to own 50% of the shares of the Defendant Company respectively, and there is no other evidence to acknowledge the Plaintiff’s assertion as to the cause of the claim.
According to the records, the plaintiff and D have invested KRW 250,000,000 in each of their own 250,000 won to jointly operate the Smarket business, and there is no document such as a contract or agreement to recognize that the plaintiff and D agreed to hold 50% of their shares when a stock company is established based on the investment agreement.
A person who actually operated the defendant company seems to be D, and the plaintiff contributed funds for the establishment of the defendant company and some of the deposit money for the lease of the defendant company.