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1. It is confirmed that the Plaintiff and Defendant B have the right to vote on the shares listed in the separate sheet No. 1.
Reasons
1. Basic facts
A. In around 1987, the Plaintiff is comprised of F Group H Co., Ltd. (hereinafter “H”), F Group I Co., Ltd. (hereinafter “I”), J Co., Ltd. (hereinafter “J”), K Co., Ltd. (hereinafter “K”), and K Co., Ltd. (hereinafter “K”).
Around 2004, the Defendant Company (former Trade Name: G), a holding company of the F Group, was established.
B. Defendant B was appointed as an auditor of the Defendant Company on March 29, 2007, and the same year.
4. 2. The registration was made on the corporate register of the defendant company as an auditor, and on November 19, 2009, as the representative director of the defendant company, he was registered on the corporate register of the defendant company as the representative director on the 20th of the same month.
C. The plaintiff is registered as a director in the corporate register of the defendant company, who resigns on March 29, 2010, and the same year.
4.7. The registration of his resignation has been completed.
Defendant B, who was appointed as an auditor of the Defendant Company, was registered as a shareholder in the shareholder registry of the Defendant Company from March 2007. Since the Defendant Company’s incorporation, the status of shares held by the Defendant Company on the shareholder registry is as specified in attached Table 2.
(E) The shares listed in the separate sheet No. 1 of the Defendant Company currently owned by Defendant B are listed as “instant shares.”
Meanwhile, the Plaintiff respectively borrowed KRW 100 million from Defendant B on December 29, 2009, and KRW 50 million on March 17, 2010.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 8 (including each number), the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff is the president of the F Group, including the Plaintiff Company, and is the real shareholder of the Defendant Company who has continuously held the shares of the Defendant Company in title trust to the Plaintiff’s family members and employees since the establishment of the Defendant Company. The instant shares are also held in title trust with the Defendant B who had a relationship with the Plaintiff at the time.
However, Defendant B himself is the shares of this case.