logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.04.10 2018가단226717
주주지위확인
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Plaintiff, Defendant B, Defendant B, and Defendant.

Reasons

1. Basic facts

A. On November 22, 2016, the Plaintiff: (a) transferred each credit account to Defendant C with KRW 80 million; and (b) KRW 60 million to Defendant B; and (c) received each of the said Defendants’ respective loans from the said Defendants to pay the said respective amounts at the rate of 6% per annum (payment in one year); and (d) November 21, 2017 as the repayment date.

B. Defendant B and C paid their own and E share capital with the money transferred from the Plaintiff, and established Defendant D Co., Ltd. (hereinafter “Defendant D”) on the same day. The current status of Defendant D’s shareholders as of January 29, 2018 is as follows.

Defendant B-120,000 60,000,000 30,000 50,0000 60,000,000 30,000 30,000 30,0000,000 30.00% Defendant C-120,000 50,000 60,0000,000 30.00% E 30,000 30,000 30,000 E 40,000 50,000 50,000 / [based on recognition] 1 through 5, B-1, and 2, and the purport of the entire pleadings

2. Judgment as to the plaintiff's primary claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff is the actual shareholder who paid the full amount of capital at the time of establishment of Defendant D, and Defendant B and Defendant C merely are the nominal shareholder, and thus, each of the above Defendants’ shares held in the name of the Plaintiff is the Plaintiff, and Defendant D is obligated to implement the transfer procedure for each of the above shares.

B. However, the above recognized basic facts alone are the real shareholders of Defendant D, and it is insufficient to recognize Defendant B and C as the formal shareholders, and there is no other evidence to acknowledge it otherwise.

Therefore, each of the primary claims against the Defendants on the premise that the Plaintiff is the actual shareholder of Defendant D, is without merit.

3. As to the Plaintiff’s conjunctive claim, Defendant B and C have borrowed KRW 60 million on November 22, 2016 from the Plaintiff as the interest rate of KRW 60,000 per annum and the due date of repayment on November 21, 2017, respectively, to establish Defendant D.

According to the above facts of recognition, Defendant B is worth KRW 60 million, Defendant C is worth KRW 80 million, and Defendant C is respectively.

arrow