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(영문) 수원지방법원 2020.01.09 2018가단544955
주주권확인의 소
Text

1. Of the shares listed in the separate sheet No. 1 between the plaintiffs and the defendant:

A. With respect to 10,000 shares, Plaintiffs A and B.

Reasons

1. Facts of recognition;

A. G Co., Ltd. (hereinafter “instant company”) was established on August 8, 2005 for the purpose of research and development of food materials and food additives, and H was a representative director, I was a director, and J was an auditor.

B. At the time of its establishment, the instant company issued 100,000 common shares (1,000 won per share). The share certificates have not been issued until now.

C. The proprietor of the instant company established the instant company in the concept of the subsidiaries of the non-party company, which is K Co., Ltd. (hereinafter “non-party company”), the representative director of K Co., Ltd. (hereinafter “non-party company”). At the time of its incorporation, J paid 10 million won (=100,000 shares x 1,000 won) as well.

At the time of incorporation of the instant company, H, a representative director of the 100,000 shares issued on the register of shareholders, was 21,500 shares, I, a director of the instant company, 20,50 shares, 29,50 shares by the auditor J, and 29,50 shares by the Defendant, an employee of the Nonparty company, as 29,00 shares.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 12, witness J, and I’s testimony, the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances, the above facts of recognition, Gap evidence Nos. 2 through 11, 13, 14, and 15, and witness J and I’s testimony as a whole, it is reasonable to view that the plaintiff A, plaintiff B, plaintiff C, plaintiff D, and plaintiff E, each of the 3,00 shares in the attached list No. 1 under title trust to the defendant, among the shares listed in the attached list No. 1.

① At the time of the establishment of the instant company, J, a representative director of the Nonparty Company, was the non-party company’s representative director, and the non-party company was the employee of the non-party company. The Defendant was the employee of the non-party company.

(H) However, the defendant, who is an employee of the non-party company, is on the register of shareholders.

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