주식반환청구
1. The defendant 2.1% of registered common shares of non-party C (business registration number D) at par value of non-party C (business registration number D) to the plaintiff.
1. Facts of recognition;
A. Nonparty C Co., Ltd (hereinafter “C”) was established around November 18, 2008 with the purpose of the business of wholesale and retail business of computers, peripheral devices, trade business, etc., and at the time of its establishment, Nonparty C owned 5,000 shares, which are 50% of C’s shares (e.g., face value 5,000 won), and Nonparty E owned 3,000 shares, which are 30% of 30% of the shares (e.g., face value 5,000 won), and owned 2,00 shares by the Plaintiff.
On the other hand, C's share certificates are not issued.
B. In C, the Defendant, as a representative director, was in charge of overseas business affairs such as China, was in charge of domestic business affairs while E was in office as an executive director, and the Plaintiff was in charge of accounting affairs while serving as an auditor.
C. The Plaintiff and E conspired with each other from June 2, 2009 to June 10, 2009, withdrawn KRW 124,212,280 from the new bank account in the name of Nonparty G, which was kept in custody of C over several times from June 2, 2009 to deposit them into the Plaintiff’s personal savings account.
From July 1, 2009 to September 4, 2009, the relationship between the Defendant, the Plaintiff, and E aggravated due to C’s distribution of profits. From July 1, 2009 to September 4, 2009, the Plaintiff and E deposited KRW 297,428,020 to the passbook in the name of E, the sum of C’s funds kept in the new bank account in the name of C over several times. On August 25, 2009, the Plaintiff transferred KRW 915,130 to his/her father.
E. As of September 5, 2009, a document stating that “A registered ordinary shares owned by the Plaintiff are transferred to the Defendant at KRW 10 million (i.e., KRW 5,000 per par value x 2,000 per share)” is written, and the Plaintiff’s representative C’s official seal and the private seal are affixed to each document.
(E) The Plaintiff, F (E), and the Defendant, as of September 4, 2009, acknowledged the contents of the agreement on the transfer of shares of this case and did not raise a civil or criminal objection in relation to this case.