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(영문) 인천지방법원 2015.08.28 2014가합9010
주권인도
Text

1. The shareholder of the shares listed in the separate sheet is the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Under the underlying facts, facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 8, 11 to 18, and the testimony and the whole purport of the arguments in C and D.

Before the change of E Co., Ltd. (hereinafter “instant company”) was F Co., Ltd., and the total amount of 5,000 shares issued by F Co., Ltd. was acquired in the name of Plaintiff, Defendant, and Nonparty C around May 2002, the trade name was changed to the instant company.

B. Details of change of shareholder name on the shareholder registry of the instant company are as follows.

1) At the time of acquisition on May 2002, the Plaintiff entered 1,500 shares, the Defendant 2,00 shares, and Nonparty C as shareholders of 1,500 shares, respectively. 2) around May 2002, the Plaintiff entered the first capital increase with KRW 9,00 shares as shareholders of 12,00 shares, the Defendant 12,00 shares, and C as shareholders of 9,00 shares, respectively, and around March 2003, the Plaintiff entered the second capital increase with KRW 15,00 shares as shareholders of 20,00 shares, the Defendant 20,000 shares, and C as shareholders of 15,00 shares.

After the change of shareholder's name in several times since 3, the plaintiff is now listed as 7,00 weeks, the defendant 24,450 weeks, and the non-party D as 18,550 shareholders.

C. The stock certificates of the instant company have not been issued until now.

2. Determination on the cause of the claim

A. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, 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 a shareholder in the register of shareholders was trusted and that of a person whose name is borrowed, a person who is a real shareholder must prove the fact of borrowing the name in the register of shareholders.

In full view of the above evidence and the following circumstances acknowledged by the respective entries and arguments stated in Gap evidence Nos. 5, 6, 7, 9, 10, 19, 22, 23, 33, 34, and 46, the Plaintiff’s name as the actual shareholder of 24,450 shares in the name of the defendant listed in the separate sheet (hereinafter “instant shares”).

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