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1. It is confirmed that the shareholder of the shares listed in the separate sheet between the Plaintiff, Defendant B and C is the Plaintiff.
2. Defendant.
Reasons
1. Facts of recognition;
A. Defendant D Co., Ltd. (former E Co., Ltd.) was established around February 19, 197 for the purpose of construction waste disposal business, etc., and the rehabilitation procedure commenced on September 6, 2010 by this Court 2010 joint28. The above rehabilitation procedure was completed on September 20, 2012. The Plaintiff was the representative director of the Defendant Co., Ltd. from July 18, 2012 to September 24, 2014.
B. On June 10, 2014, the Plaintiff transferred 3500 shares of the Defendant Company owned by the Plaintiff (hereinafter “instant shares”) to F. However, F paid to the Plaintiff KRW 350 million as the share transfer price, and the Plaintiff’s payment of KRW 600 million as to the Plaintiff’s claim against the Defendant Company by subrogation (200 million as of July 15, 2014; KRW 350 million as of September 15, 2014; hereinafter “instant share transfer contract”). Some of them are as follows.
Article 3 (Rights)
(a) F has the responsibility and right to operate the Company at the time of the formation of this Agreement, and shall include the amount of money in which the company's urgent obligations are adjusted, and in principle, the amount of such contribution shall be allocated within the scope of the company's capital stock (other than recognized shareholders), and the amount of money for the liquidation of the company's bonds and obligations shall also be allocated shares within the limit of the capital stock (Provided, That F shall allocate shares to persons designated by F, and recognize the authority of the person who allocates shares, and shareholders shall exercise the rights of the company's holders).
The plaintiff shall have the rights of shareholders and creditors of the company until he receives the money under Article 2, and the right of management and shareholders of the company shall not be subject to a single assertion and right beyond the scope of consultation with F.
(Plaintiff shall hold office as a paid director and the representative director for the management of the company's loan to the position of the company). Article 5 (Termination of Contracts and Compulsory Execution) provides the Plaintiff with the money of Article 2.