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(영문) 수원지방법원성남지원 2017.12.20 2017가단210234
주주권확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established on December 28, 2007. The register of shareholders of Defendant Co., Ltd. was registered as holding 45% (4,500 shares), Defendant C’s 5% (500 shares), E, and F each 25% (2,500 shares). The Plaintiff borrowed the names of E and F, and held 50% of the said shares.

B. The Defendant Company was operated in the form of supplying the goods released from Company G (hereinafter “Nonindicted Company”) operated by the Plaintiff to the Nonparty Company, and the Plaintiff sold the shares of the Nonparty Company around 2013.

C. On February 24, 2014, the Plaintiff drafted a written agreement (stock donation agreement) with Defendant B with the following content.

(hereinafter referred to as “instant donation”). An advance payment, provisional payment, etc. on the accounts that occurred prior to the conclusion of a contract on stock donation between the Plaintiff and the Defendant B shall be resolved under the responsibility of the Defendant B, and such claim shall not be claimed.

In addition, all other matters are not discussed.

Article 2: Agreement on the Transfer of all of the whole of the borrowed-name shares E25% and F25% owned by the Plaintiff to Defendant B as free donation. If Article 3 does not comply with the Agreement, such as mutual defamation, conspiracy, and dissemination of false facts, the agreement shall be terminated, and shall be legally (civil and criminal) moral responsibility.

C. On February 25, 2014, Defendant B and C prepared to the Plaintiff a letter stating that “I will not discuss all the stories (such as a name passbook transaction, golf operation, other information, provisional payment, advance payment, loan loan, etc.) among all the stories about the Plaintiff and H (hereinafter “each of the instant notes”) and Defendant B and C, respectively, shall be held liable for the thoughts of the public.”

[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Gap evidence 5, Eul evidence 1, and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. Summary of the Plaintiff’s assertion 1) The Plaintiff’s shares of the Defendant Company (hereinafter “Defendant Company”) while establishing the Defendant Company.

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