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(영문) 인천지방법원 2020.10.28 2019가단231839
주주권확인 등
Text

1. The Plaintiff A is a shareholder of 4,000 shares listed in the list, and 3. of shares listed in the Plaintiff B [Attached] list.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company established on April 27, 2012 for the purpose of manufacturing contact equipment.

Plaintiff

A was employed as a representative director since the establishment of the Defendant Company, and resigned on March 25, 2018, and on November 8, 2018, Defendant D was appointed as the inside director of the Defendant Company.

B. The number of stocks issued by the Defendant Company shall be 10,000 per share (5,000 won per share).

Plaintiff

A owned all the above issued shares since the establishment of the Defendant Company, but around 2018, it transferred 3,000 shares to Plaintiff B and 3,000 shares to Plaintiff E respectively.

C. On November 8, 2018, Plaintiff A entered into a share acquisition agreement that transfers 4,000 shares of the remaining Defendant Company to Defendant D in KRW 20,000,000. Plaintiff B entered into a share acquisition agreement that transfers 3,00 shares of the Defendant Company that was transferred to Plaintiff A in November 8, 2018 to Defendant D in KRW 15,00,000.

(hereinafter collectively referred to as “instant contract” and the total of the above shares (attached Form) shall be listed in the list (hereinafter referred to as “instant shares”). D.

Since then, the shareholder registry of the Defendant Company was registered as a shareholder who acquired the instant shares in accordance with the instant contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3, 6, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiffs asserted against Defendant D with respect to the 4,000 shares out of the instant shares due to the following reasons, seeking confirmation that Plaintiff A and B were the shareholders of each of the instant shares, and demanding the Plaintiffs to implement transfer procedures for each of the said shares against the Defendant Company.

1. Plaintiff A is the beneficial shareholder of 4,000 shares of this case, and Plaintiff B is the beneficial shareholder of 3,00 shares of this case.

The Plaintiffs trusted each of the above shares to Defendant D, and served a duplicate of the instant complaint.

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