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(영문) 대구고등법원 2018.12.12 2017나26240
주식명의개서절차이행 등 청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant Company is a company established on March 5, 2013 for the purpose of manufacturing and selling reinforced glass.

The Plaintiff was registered as one shareholder in the register of shareholders from the time of incorporation of the Defendant Company, and was in office as the representative director of the Defendant Company until February 4, 2015.

B. On February 3, 2015, at around 03:24, the Plaintiff was detained by causing a traffic accident that, while driving a vehicle with a restricted speed exceeding 0.154% of alcohol content, he/she was under the influence of alcohol and caused four victims to die (hereinafter “instant traffic accident”). Accordingly, on May 20, 2015, the Plaintiff was released on October 28, 2016 when he/she was sentenced to imprisonment with labor for two years in the Daegu District Court Kimcheon-cheon Branch, which became final and conclusive on May 20, 2015.

C. Upon the Plaintiff’s detention, the representative director C of the Defendant Company as of January 23, 2015, using the Plaintiff’s certificate of personal seal impression issued by the Plaintiff’s wife D and the Plaintiff’s certificate of personal seal impression issued by D, and prepared a letter of resignation of the Defendant Company’s representative director and company director under the Plaintiff’s name as of January 23, 2015, and completed the registration of the Plaintiff’s resignation on February 4, 2015, and completed the registration of the appointment of the representative director as of January 23,

Meanwhile, on December 5, 2014, the Plaintiff and C entered into a share transfer agreement (Evidence B; hereinafter “instant share transfer agreement”) with the effect that the Defendant Company’s shares 5,000 shares (hereinafter “instant shares”) held by the Plaintiff were transferred to C, and accordingly, C was registered as holding all the instant shares as of January 23, 2015 in the name of the Defendant Company’s shareholders.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 3, 5, 6, 7, 9, 13, 21, 28 (including branch numbers; hereinafter the same shall apply), Eul's 4, 18 through 27, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is the actual representative director who established the Defendant Company, which is the primary cause of the Plaintiff’s primary claim.

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