지분양도절차이행청구 등
1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) on November 27, 2013, 100% of the shares of the company listed in attached Table 1.
1. Basic facts
A. On January 16, 2006, the Plaintiff operated the company with the trade name “D” (hereinafter “HED”), and on January 16, 2006, the Plaintiff established Defendant B (hereinafter “Defendant Company”) for the purpose of manufacturing and exporting and importing textile materials by investing (the Plaintiff invested capital in the name of father E), together with Defendant C.
(A) there is a dispute over the equity ratio, etc. in the defendant company according to the investment situation and ratio.
After that, the Plaintiff decided to establish a non-party F Limited Liability Company (hereinafter “F”) in the neighboring vacant area of Defendant C and Vietnam Ho-gu, and around February 8, 2007, the Plaintiff was issued a written investment permit to the limited liability company with the representative of Defendant C as shown in attached Table 1.
C. In relation to F, on October 17, 201, the Plaintiff prepared confirmation and agreement (hereinafter “instant agreement”) with Defendant C with the following content, and the Defendant Company jointly and severally guaranteed the agreement.
1. It is confirmed that a factory (including land and buildings) located in a nearby an empty city (including land and buildings) in Vietnam is owned by the Plaintiff.
2. From December 2010, the Defendant confirmed that the above factory was leased and used by the Plaintiff.
3. The plaintiff leases the above factory to the defendant by December 31, 2015, and the defendant leases the above factory from the plaintiff for the above period.
4. Monthly rent for the above factory shall be US$ 4,00.
5. The Defendant shall pay USD 4,000 to the Plaintiff each month from May 20, 2013 to December 31, 2015.
Provided, That monthly rent of USD 4,00 shall be paid by transferring it to a bank account located in Korea notified by the plaintiff to the defendant.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1, witness G's testimony and the purport of whole pleadings
2. Determination
A. Determination on the claim for the transfer of F Shares to Defendant Company 1’s capital.