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(영문) 창원지방법원 진주지원 2018.08.23 2018가단31374
주식양도청구
Text

1. The defendant expresses his intention to transfer the shares listed in the attached list to the plaintiff, and he is against C.

Reasons

1. Facts of recognition;

A. The Plaintiff is the actual owner of D Co., Ltd. (hereinafter “D”), E Co., Ltd., and F Co., Ltd. (hereinafter “F”).

B. The Defendant, as the Plaintiff’s Branch, served as the F’s representative director from August 30, 2016 to March 8, 2017.

C. C Co., Ltd. (hereinafter “C”) was established on October 12, 2016, and the Defendant was appointed as the representative director of C around that time.

C issued a total of 11,00 shares. Of them, 5,500 shares are registered in the name of the Plaintiff, and the remaining 5,500 shares, which are shares listed in the separate sheet, (hereinafter “instant shares”) are registered in the name of the Defendant.

The Plaintiff paid the subscription price of new shares C in full.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the shares of this case were in title trust to the Defendant, but the Plaintiff terminated the title trust agreement by serving a duplicate of the instant complaint on the Defendant.

Therefore, the defendant is obligated to transfer the shares of this case to the plaintiff.

3. A person registered as a shareholder in the registry of shareholders is presumed to be a shareholder of the company in question, and in order to reverse this, the person who is registered as a shareholder in the registry of shareholders bears the burden of proving that he/she denies shareholder rights (see, e.g., Supreme Court Decision 84Meu2082, Mar. 26, 1985). In order to assert that the name of the shareholder in the registry of shareholders was trusted and that of the name borrowed, the person who is registered as a shareholder in the registry of shareholders has to prove

(2) In light of the following circumstances, the Plaintiff and the Defendant were in a partnership business relationship, taking into account that the Plaintiff paid the entire purchase price of new shares in the instant case, as seen earlier, and that the Plaintiff paid the entire purchase price of the new shares in C, and that the entire purport of the pleadings was added to the respective descriptions of the evidence Nos. 1 through 12 (including the serial number).

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