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1. It is confirmed that the shareholders' rights of the shares listed in the separate sheet are the Plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) was established on March 31, 201, and on March 30, 2011, shares of C were allocated to the Plaintiff’s wife D, E, and Defendant, respectively.
B. On April 5, 201, the Plaintiff deposited KRW 120,000,00 in the F Association account under the name of C, and deposited KRW 27,00,000 in the name of D, E, and Defendant on May 17, 201.
C. On May 27, 2011, a written agreement between the Plaintiff and the Defendant (hereinafter “instant written agreement”). The authenticity of the entire document is presumed to have been established because there is no dispute over the Defendant’s seal image part. The Defendant asserted that the document was forged by the Plaintiff, but no evidence exists to acknowledge it. The main contents are as follows.
Meanwhile, on May 27, 2011, the letter of agreement of this case contains the defendant's certificate of personal seal impression issued by the defendant himself/herself.
Each letter of agreement following the appointment of the representative director: The defendant himself/herself agrees that according to the approval and appointment of the C representative director, the plaintiff as the actual owner of C shall comply with the following provisions:
- the following-
1. It is confirmed that C’s actual owner is the plaintiff and a total of 20,100 shares issued and outstanding, and the plaintiff is entrusted with all shares.
(10,000 won per share) (The total amount of KRW 10,000 per share is KRW 6,700 per share: Defendant D6,700 shares, E6,700 shares, E6,700 shares) The management rights of C are owned by the Plaintiff, and the principal has lent only the name of shareholders and representative directors of the company, and after the completion of the factory and the operation of the new factory, he/she will operate the credit business by borrowing KRW 1-300 million from the actual owner, and distribute the principal and the company to a certain amount of profit.
2. The principal has provided a full explanation to the actual owner in relation to the management of the company and provided a comprehensive guarantee in relation to the establishment of the factory and the construction authorization and the loans for which he is the representative director without any condition.
In addition, the shares D and E shall be the defendant until the company loan business is completed.