주식인도
1. It is confirmed that the Plaintiff and the Defendant are the Plaintiff.
2. The costs of lawsuit shall be.
1. Basic facts
A. Nonparty C Co., Ltd (the trade name was changed several times thereafter, and the trade name was currently D Co., Ltd.; hereinafter the same shall apply) was established on March 13, 2008, and the shareholders in the register of shareholders of Nonparty Co., Ltd were E (16,000 shares) and F (24,000 shares) first.
The Plaintiff and G purchased all company shares from them in 201, and the Plaintiff owned 12,000 shares and 28,000 shares respectively.
After that, the plaintiff was appointed as the representative director of the non-party company on October 7, 201 and is currently serving as the representative director until now.
B. Since then, while the Plaintiff intended to purchase 28,00 shares of the non-party company that was owned by G, the purchase fund was insufficient. Accordingly, the Plaintiff received KRW 50 million from H (or her husband I on September 18, 2012, and KRW 50 million from the Defendant on September 23, 2012 to September 26, 2012 (the amount of KRW 5 million from the Defendant’s wife) from the Defendant’s wife.
C. The Plaintiff, including H (or I) and 100 million won remitted from the Defendant, remitted a total of KRW 120 million to G three times from September 19, 2012 to September 30, 2012. The Plaintiff acquired 4,000 out of 28,00 shares of the non-party company owned by G, and H and the Defendant acquired 12,00 shares, respectively.
After receiving KRW 50 million from H, the Plaintiff transferred KRW 1,00,000 to H as interest, and repaid KRW 30,000,000 out of the principal to H on October 15, 2014.
After that, the Plaintiff remitted to H KRW 300,000 per month interest, and repaid the remainder principal amount of KRW 20 million on January 4, 2016.
E. On October 1, 2014, immediately before receiving a reimbursement of KRW 30 million from the Plaintiff, H drafted a share transfer contract with the Plaintiff with respect to 12,00 shares of the non-party company that it owns on October 1, 2014, and transferred 4,800 shares to the Plaintiff and 3,600 shares to K and L respectively.
F. At present, the shareholders listed on the register of shareholders of the non-party company are the plaintiffs (20,800 shares) and the defendant 12,00 shares, and the shares of the non-party company that the defendant acquired.