대여금 등
1. The plaintiffs' respective lawsuits against Defendant D are dismissed.
2. Defendant C Co., Ltd. is the Plaintiff’s KRW 2,893,150 and the Plaintiff.
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that runs food material distribution business, etc., Defendant D is the representative director of the Defendant Co., Ltd., and the Plaintiff is a shareholder of the Defendant Co., Ltd.
B. The Defendant Company was established on June 28, 2010, and the Defendant Company issued 10,000 common shares per share of KRW 5,000 per share, and the share certificates were not issued.
C. As of July 1, 2012, the Defendant Company’s register of shareholders entered that Defendant D owned 4,900 shares, Plaintiff B’s 2,50 shares, and E owned 2,550 shares, and that E transferred shares to Plaintiff A, and thereafter, Defendant D owned 4,90 shares, Plaintiff A’s 2,550 shares, and Plaintiff B owned 2,550 shares.
Plaintiff
B On July 16, 2012, Defendant D’s shareholder registry as of the date of closing argument in this case is indicated as the above 2,550 shareholders by transferring 2,50 common shares of Defendant D’s company, which was under his own name, to Defendant D.
[Reasons for Recognition] Facts without a partial dispute, entry in Gap evidence 2 and 4 (including each number), the purport of the whole pleadings
2. As to the legitimacy of each lawsuit against Defendant D, Plaintiff A seeks implementation of each of the above procedures for transfer of shares against Defendant D on the premise that Plaintiff A had a title trust agreement with each of the Defendant D, and Plaintiff B had a title trust agreement with each of the Defendant D, on the premise that Plaintiff B had a title trust agreement with each of the Defendant D.
On the other hand, the plaintiff B transferred the shares to defendant D by deception of defendant D, and added it as a preliminary cause of claim that the plaintiff B cancelled the shares by mistake or deception.
Plaintiff
B The purport of the claim is that the transfer procedure of shares is sought due to the cancellation of the share acquisition contract, but the transfer procedure is sought according to the surrounding and conjunctive reasons.