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1. It is confirmed that the Plaintiff and Defendant B owned the Plaintiff’s shares listed in the separate sheet.
2. The defendant corporation.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) Defendant C Co., Ltd. (hereinafter “Defendant Company”)
(2) On February 25, 2015, the Plaintiff entered into a share transfer contract (hereinafter “instant share transfer contract”) with Defendant B with the content that the Plaintiff would transfer the instant shares to Defendant B by way of the title trust with the shares listed in the separate sheet (hereinafter “instant shares”).
The plaintiff, which is a business start-up investor (investment 80 million won) of the defendant company, transfers 20% of shares in the name of D to the defendant B.
In order to clarify this fact, it will enter into the following partnership contracts:
1. On February 17, 2015, at the maturity of the letter of guarantee from the Korea Credit Guarantee Fund, the Credit Guarantee Fund calls for a joint guarantee of retired E (40% of the shares). In fact, the said request is filed against the Korea Credit Guarantee Fund, and the Credit Guarantee Fund calls for a guarantee of one person by accepting the remainder of the shares of the Defendant B (i.e., 40% and D20% of the shares). As the foregoing explanation, the transfer of shares is aimed at acquiring the guarantor’s qualification of the Korea Credit Guarantee Fund. 2. There is no disadvantage or exclusion from the management of the company due to the Plaintiff’s transfer of status after the transfer of shares.
At the time of the completion of the company's business in the future, the distribution of dividends or income according to the investment shares shall be jointly made with Defendant B.
F In order to confirm and implement the above facts in the capacity of membership, F shall be notarized to recognize this Agreement, and each part of the defendant B, the plaintiff and F shall be kept by each of them.
3) The shareholder registry of the Defendant Company was registered as E (32,00 shares), Defendant B (32,00 shares), and D (16,000 shares as shareholders. However, after the instant share transfer contract, D was deleted from the shareholder registry of the Defendant Company and owned Defendant B 48,00 shares.