증여계약무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the underlying facts do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence Nos. 1 to 7, 27, 31, 32, 34, 39, and 42.
Plaintiff
A company is a company established by around 1974 for the purpose of water treatment, environment, manufacturing, selling, exporting, importing, etc. of drugs for process.
Nonparty C, as a founder and an intra-company director of the Plaintiff Company, was appointed to the representative director on August 29, 2012. The Defendant, the head of the Plaintiff, was appointed from September 2, 2013, and Nonparty D, from March 18, 2014, worked for each intra-company director.
B. Around July 21, 2014, the Defendant, at the time of entering into a gift agreement with Nonparty E (hereinafter “instant gift agreement”) that donated 95% of the shares of Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) owned by the Defendant to the Plaintiff Company free of charge (hereinafter “instant gift agreement”), entered into between Nonparty D, the representative director of the Plaintiff Company, and Nonparty D.
C. The content of the instant donation contract is as follows.
Article 1. The donor (Defendant) of the donated shares shall draw up a contract of gift in order to certify that the donee (Plaintiff Company) donated the following shares:
1. Name of company issuing stocks: Stock company E;
2. Class of stocks: Registered and ordinary stocks with voting rights; and
3. Amount per stock: 10,000 won per gold (10,000); and
4. Number of shares: 4,750 shares (as for shares issued 95 percent).
5. Stock certificate number: The price for donation under Article 1 of the price for donation under Article 2 of the Non-issuance of Stock Certificates shall be free of charge; and
Article 5 Tax and tax charges incurred in relation to the donation of this stock shall be borne by donee.
Around July 21, 2014, on which the instant gift contract was concluded, in-house directors of the Plaintiff Company, were C, D, and Defendant, and thereafter the Defendant and D were dismissed from office directors at a temporary general meeting of shareholders held on July 25, 2014.
2. On August 1, 2016, the Defendant: (a) delegated to Nonparty F attorney-at-law the authority to notify the termination of the delegation contract for legal affairs; and (b) the F attorney-at-law drafted by C.