주주확인의 소
The defendants' appeal is dismissed.
The costs of appeal shall be borne by the Defendants.
Purport of claim and appeal
purport.
1. Article 2 of the basic facts (Principles of the same kind of business and distribution of profits);
1.All profits accruing from the mutually agreed operations shall be apportioned in 50 per cent, without any exception. b.
All services or decisions shall, in principle, be subject to bilateral agreements.
In the bilateral partnership, the intervention of a third party other than the plaintiff and the defendant B is against the principles. If the principles of partnership are violated due to the third party intervention, from the time of the violation, a partnership agreement shall be terminated, and the party who provided the cause shall be deemed to waive all business rights. 5.
Items subject to business which are due to this Agreement shall be activities carried out for a limited period of time by F Business Operators, and shall be in the future in the name of a separate legal entity.
At the time of conversion into a corporation, shares will be held by 50% of each of the two.
VI.(Amendment, Extension and Termination of the Contract) This Agreement shall commence from the date of conclusion of the Contract and shall not be terminated at the time of termination.
(except where a contract is destroyed due to a breach of contract principles).
On January 4, 2011, the Plaintiff and Defendant B entered into a partnership agreement on the distribution business of specific metal products (hereinafter “instant partnership agreement”) including INVAR, a special metal, and the main contents of the agreement are as follows.
B. The Plaintiff and Defendant B agreed to convert the instant project into a corporation in order to raise the size of the Plaintiff’s individual business through F registered as the Plaintiff’s individual business operator. On July 1, 2011, the Plaintiff and Defendant B established E Co., Ltd. (hereinafter “E”) and continued the instant project.
C. On January 24, 2018, the Central Regional Tax Office began tax investigation into E, and many problems were revealed in the process, the Plaintiff and Defendant B agreed to establish a new company to continue the instant business, and on February 28, 2018, incorporated D Co., Ltd. (hereinafter “instant company”).
The shares issued by the company of this case.