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Plaintiff
A's claim for confirmation of the absence of each resolution of the plaintiff A and the plaintiff B's suit of this case.
Reasons
Basic Facts
The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is a corporation that is engaged in all kinds of consulting services, etc. generated as a director, and the Defendant Co., Ltd. is a corporation that engages in transfer and delivery and packing business (Evidence No. 1-1), and Plaintiff B is the representative director of Plaintiff A.
On September 9, 2008, the Defendant Company issued 20,000 common shares at a par value of 5,000 won per share and accepted them by the Plaintiff A. In other words, the Plaintiff Company issued 20,000 common shares at a face value of 5,000 won per share and accepted them again on September 20, 2008.
(See Evidence No. 1-1. In this regard, the defendant company asserted that the person who acquired the shares issued on September 9, 2008 is the plaintiff B, and the plaintiff A acquired the shares issued on September 20, 2008, but it is reasonable to view that the person who acquired the shares issued on September 9, 2008 is the plaintiff A, taking into account the overall purport of the pleading in the statement No. 30-1, No. 30-2, No. 30-3, the person who acquired the shares issued on September 9, 2008). The plaintiff entered into a stock trust agreement with D on September 20, 200 with respect to 20,00 shares of the defendant company as follows:
[Plaintiff asserts that the above share trust agreement (Evidence No. 7) was forged, but at the time of the preparation of the said share trust agreement, E, who was the representative director of Plaintiff A, appeared in this court as a witness, and stated that he affixed the above share trust agreement according to its intention. The appraiser F’s appraisal result also shows that the seal impression affixed on the said share trust agreement is identical to the Plaintiff A’s seal impression at the time when the said share trust agreement was affixed, and thus, the entire document authenticity is presumed to have been established. The title truster’s name: D: Trade name: (State Representative E
1. The title truster shall prepare this stock title trust agreement to the trustee for the purpose of title trust with the following shares:
2. The shares held in trust by the title truster to the trustee are the title trustee, but the actual shareholder is the title trustee.