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(영문) 의정부지방법원 2018.08.17 2017가단123652
주식 주주권 확인 등
Text

1.(a)

The Plaintiff and Defendant B have the right to vote on the shares listed in attached Table 1.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. is a corporation established on December 8, 199 for the purpose of manufacturing and selling automobile goods, and the Plaintiff is responsible for the representative director.

B. As of March 31, 2018, Defendant C owns 5,000 shares, Defendant B’s 20,000 shares, Plaintiff A’s 9,000 shares, and Nonparty E owns 4,00 shares, among common shares of 20,000 shares per share issued by Defendant D Co., Ltd.

C. In order to satisfy the requirements of Article 288 of the former Commercial Act (amended by Act No. 6488 of Jul. 24, 2001), the Plaintiff requested that Defendant C, who operated the Defendant C and the partner company that the Plaintiff had been employed as an employee of the company in the past, lend the name of the Defendant D’s promoters and the name of the shareholder. Upon obtaining the consent of the said Defendants, the Plaintiff owned 5,000 shares in the name of Defendant C and 2,00 shares in the name of Defendant B as shown in the attached Table with the consent of the said Defendants.

On August 28, 2013, between Defendant B and C, the Plaintiff drafted a trust deed termination agreement with the purport that the Plaintiff requests the return of each of the common shares of Defendant D Co., Ltd. 2,000, 5,000 shares held in title trust with the Defendants, and that the transfer of title trust shares should be immediately implemented.

【Defendant B: Defendant A’s evidence Nos. 1 through 9: Defendant D, who made a confession

2. According to the judgment and the facts of the above recognition, the title trust contract for each of the shares listed in the separate sheet concluded between the Plaintiff, Defendant B, and C was terminated (only receiving 2,00 shares from the Plaintiff, and Defendant B’s assertion that did not have concluded and terminated the title trust contract clearly violates the facts acknowledged by the above evidence). The above Defendants are obligated to confirm that the Plaintiff has the right to shareholders for each of the shares.

In addition, Defendant D Co., Ltd. is the Plaintiff’s name with respect to each of the shares listed in the attached list.

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