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(영문) 서울북부지방법원 2019.04.09 2018가단124833
주주권확인 청구 등
Text

1. The shareholders' rights for 7,000 common shares listed in the name of B in the register of shareholders among the shares issued by C Co., Ltd.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 4 and 9 as well as the overall purport of the arguments and arguments, ① A Co., Ltd. (hereinafter "C") established on October 4, 2004 for the purpose of maintaining and managing facilities, specialized construction (domination and waterproof), ② the plaintiff (the representative director and the shareholder of C) purchased C's ordinary shares 28,000 shares from D from D around 209. The plaintiff's shareholder registry was registered as the shareholder for 14,00 shares, and for 7,000 shares, the defendant (C's internal director), a trust of the shareholder's name for 7,000 shares (the above 7,00 shares registered as the shareholder), ③ the defendant did not respond to the request of the plaintiff for the transfer of the shares from C after 2012.

2. According to the above facts, the title trust agreement on the instant shares was lawfully terminated by the delivery of a copy of the complaint containing an indication of intent to cancel the title trust agreement on the instant shares, and as long as the Defendant, a nominal shareholder listed in the register of shareholders, does not respond to the Plaintiff’s request for transfer of name, the Plaintiff, a real shareholder of the instant shares, has a benefit to seek confirmation of the Plaintiff’s rights against the Defendant (see, e.g., Supreme Court Decision 2011Da109708, Feb. 14, 2013).

3. Claim for damages

A. The Plaintiff asserted that the Defendant filed a false report and petition with the investigative agency, etc. to the effect that “C is engaged in illegal construction with illegal e-mail produced at an unauthorized plant.” Since the Defendant spreads false facts on the company’s e-mail that the employees of C can see, thereby impairing the Plaintiff’s reputation, the Plaintiff committed a tort.

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