주주확인 등 청구의 소
1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet between the Plaintiff and Defendant B.
2. The defendant corporation.
1. Facts of recognition;
A. Defendant C (hereinafter “Defendant C”) is a company established on April 27, 2010 for the purpose of the business of manufacturing and selling concrete, etc. The Plaintiff is the former husband of D who served as an inside director of the Defendant Company, and Defendant B is the Plaintiff’s punishment, who was appointed as the inside director and the representative director of the Defendant Company at the time of establishment.
B. The Plaintiff prepared to establish the Defendant Company for about two years, together with E and F, and during that process, the Plaintiff was in charge of the establishment of the business network, financing, preparation of documents by government offices, procedural details, E, technology, machinery, etc., and Defendant B did not participate in the process of its establishment.
C. On April 26, 2010, the Plaintiff withdrawn KRW 130,000,000 from his Daegu Bank account with a cashier’s check and delivered it to Defendant B. Defendant B presented it on April 26, 2010, and deposited KRW 130,000,000 to the Defendant Company’s account. Defendant B deposited KRW 10,000,000 to the Defendant Company’s account around 11:58 on April 26, 2010.
The list of shareholders prepared by the Defendant Company at the time of incorporation on April 27, 2010 states that among the shares of the Defendant Company 40,000 (one share price of 10,000 won per share), Defendant B owns 14,000 shares as shown in the attached list (hereinafter “instant shares”), D’s 14,00 shares, and G owns 12,00 shares.
E. Defendant B was dismissed from office as the representative director of the Defendant Company on December 4, 2012, and retired from office directors of the Defendant Company on April 27, 2013.
F. Around May 15, 2014, Defendant B notified the Defendant Company that “The amount of KRW 180,000,000,000, which was incurred at the time when Defendant B was in office as the representative director, was returned, and the transfer of ownership is cancelled in the future of the transferee H of the instant shares,” and on January 12, 2017, Defendant B terminated the share sales contract between Defendant B and H. As such, Defendant B’s share sales contract was cancelled.