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Attached Form
It is confirmed that the shareholders' rights of the shares listed in the list are C.
Costs of lawsuit shall be borne by the defendant.
Reasons
1. Facts of recognition;
A. On March 14, 2011, the Plaintiff received an order to pay C with a claim for reimbursement of the amount of reimbursement from the Seoul Central District Court (Seoul Central District Court) and issued an order to pay C the amount of KRW 12,187,320 to the creditor, and KRW 7,231,364 to the creditor at the rate of 19% per annum from August 23, 1999 to the date of full payment. The above order for payment became final and conclusive on April 7, 2011.
B. D Co., Ltd. (hereinafter “D”) is recorded in its articles of incorporation as a company established on July 29, 2013, and as the E (former name: F) and the Defendant’s promoters.
In addition, at the time of establishment of D, the Defendant, as promoters, acquired 3,000 shares (the shares listed in the attached Table; hereinafter “instant shares”) out of the issued shares, and until now, was registered as shareholders holding the instant shares by the Defendant in the register of shareholders.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1 through 3, 5, and 7, the purport of the whole pleadings
2. Determination:
A. 1) The Plaintiff’s shares were acquired by C in the name of the Defendant according to the title trust between C and the Defendant, who is the father of the Defendant, and the Plaintiff terminated the title trust by serving a copy of the instant complaint on behalf of C. As such, the Plaintiff’s shareholder’s rights of the instant shares are against C. 2) At the time of establishment D, the Defendant’s lawful acquisition of the instant shares as the promoters pursuant to Article 293 of the Commercial Act is not acquired according to the title trust agreement with C.
B. 1) In acquiring shares, where a person has invested shares in his/her name with the consent of another person and paid the price for shares, only the name borrower who actually subscribed for shares and paid the price shall be a shareholder as a de facto shareholder, and a mere name lender shall not be a shareholder (see Supreme Court Decision 2002Da29138, Mar. 26, 2004). In addition, with the consent of another person, an agreement is made to acquire shares in his/her name.