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(영문) 수원지방법원 안양지원 2021.01.28 2020가단109234
주주권 확인 등
Text

1. A. As to the shares listed in paragraph 1 of the attached list in Defendant B’s name between the Plaintiff and Defendant B:

B. The plaintiff.

Reasons

Facts of recognition

On February 3, 1996, the Plaintiff is the representative director of E Co., Ltd. (hereinafter “instant company”) established for the purpose of manufacturing business of freezing industrial freezings.

On December 8, 2008, the Plaintiff entrusted 16,000 shares issued by the instant company to the Defendants, among the total number of shares issued by the instant company (the par value of KRW 10,000 per share). On December 8, 2008, the Defendants drafted a written confirmation to confirm that they were the actual shareholders of their shares in their names (the shares in this case are Defendant B10,300 shares, Defendant C3,000 shares, Defendant D2,70 shares, hereinafter referred to as “each shares in this case”) and that they were the persons who lent their names, and that they were not disposed of or provided as security without the Plaintiff’s permission.

The details of stock holding confirmed by a detailed statement on changes in the stocks of the company of this case are as follows.

According to the above facts of determination as to the ground for the claim of the entire purport of the Plaintiff’s shares in Defendant B C C’s shares 14,000 shares 10,300 3,700 shares 2,700 shares 46.67 34.310 shares 4.34.310 shares 4.7 9 [the ground for recognition]. The Plaintiff entrusted the Defendants B with 10,300 shares among the shares of the Plaintiff C, 3,00 shares to Defendant C, and 2,70 shares to Defendant D, and each of the shares of this case between the Plaintiff and the Defendants was terminated since each of the shares of this case was delivered to the Defendants, the Plaintiff’s rights to each of the shares of this case against the Defendants, including the Defendants’ rights to return to the Plaintiff (see, e.g., Supreme Court Decision 2013Da19714, Apr. 1, 2014).

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