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(영문) 광주지방법원 2018.04.06 2017나55670

회사에 관한 소송

Text

1. Revocation of the first instance judgment.

2. Shares in the name of the defendant among 5,00 common shares issued by C Co., Ltd.

Reasons

1. Basic facts

A. C Co., Ltd (hereinafter “Nonindicted Company”) was established on June 3, 2015, and the total number of outstanding shares is KRW 5,000 per share and KRW 10,000 per share.

B. On June 3, 2015, the Defendant was appointed as the representative director of the non-party company, but was dismissed on September 5, 2016, and the Plaintiff was appointed as the representative director of the non-party company on September 5, 2016.

C. The register of shareholders of the non-party company states that the Defendant owned 2,00 shares (40%, hereinafter “instant shares”) and D and E respectively 1,500 shares (30% each), and the above share acquisition price (=5,000 shares x 10,000 shares) was all paid by the Plaintiff.

D and E drafted a certificate of stock transfer that “I shall keep 1,500 shares as entrusted by the Plaintiff, and transfer them to the Plaintiff on July 26, 2016.”

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 3, 4, and 6 (including each number), the purport of the whole pleadings]

2. In full view of the following circumstances, it is reasonable to deem that the Plaintiff held the title trust of the shares of this case to the Defendant, taking into account the facts acknowledged prior to the judgment and macroscopic evidence as seen earlier, and the overall purport of the pleadings, and as long as the Defendant is dissatisfied with this, there is a benefit to seek confirmation from the Plaintiff.

① In the process of establishing a non-party company, the Plaintiff paid approximately KRW 200,000,000 as the acquisition price for all stocks of the non-party company, and KRW 50,000 as the acquisition price for all stocks of the non-party company. The Plaintiff invested in kind the machinery, equipment, etc. used in

On the other hand, the defendant did not contribute money or goods at all when establishing the non-party company.

② The Defendant asserted that the non-party company was in a partnership with the Plaintiff, and that he received shares in return for performing the role of representative director of the non-party company, such as guaranteeing obligations of the non-party company.

On October 20, 2016, the plaintiff's business interfered with the plaintiff's business.