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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. C Co., Ltd (hereinafter “instant company”) was incorporated with the amount of KRW 5,000 per share on March 3, 2016, the total number of shares of KRW 100,000, and the capital amount of KRW 500,000.
B. At the time of the incorporation of the instant company, the representative was registered as the Defendant, who is an in-house director. On November 30, 2016, the Plaintiff and the Defendant were added as the inside director, and registered as the respective representative director. On March 20, 2017, the Plaintiff was dismissed from the inside director and retired from the office of the representative director until now.
C. On February 29, 2016, the shareholder registry of the instant company entered that the Defendant owns all 100,000 shares of the instant company (hereinafter “instant shares”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 13, the purport of the whole pleadings
2. Determination as to the cause of action
A. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company in question and, in order to reverse this, there is a burden of proof on the part of denying the shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the borrowed name, a person who is the nominal name has a separate shareholder, the party asserting such title trust relationship must prove the borrowed name.
B. (See, e.g., Supreme Court Decisions 84Meu2082, Mar. 26, 1985; 2007Da27755, Sept. 6, 2007).
Judgment
1) In full view of the following facts and circumstances acknowledged by the purport of Gap evidence Nos. 2, 4 through 9, 12, 13, 18, 19, Eul evidence Nos. 3, 4, 8, 9, and 14 (if any, including a serial number; hereinafter the same shall apply), witness D, E, and F’s testimony and arguments, the shares of this case can be deemed to have been entrusted only to the defendant as a substantial shareholder by the plaintiff.
(1)