주식반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) C refers to the Plaintiff Company E (hereinafter “E”) through the Plaintiff Company, through which D, as its representative director, held 100% of the shares of 100%.
(2) On April 1, 2009, the Plaintiff Company acquired management rights and entered into a contract to acquire management rights with the former shareholders of E on April 1, 2009. On January 1, 2009, the Plaintiff Company acquired 50,000 shares of E with a face value of KRW 100 million and succeeded to KRW 1.8 billion with a face value of KRW 1.8 billion with a debt. 2. Upon entering into a contract, the intermediate payment and the balance are paid KRW 350,000 out of the share price. 2) The court decided to commence the rehabilitation procedure for E on January 23, 2009 and decided to grant authorization of the rehabilitation plan on September 23, 2009, the Plaintiff Company paid KRW 50,000 shares to KRW 50,000 and KRW 500,000 with a face value of KRW 1.8 billion with a face value of KRW 1.8 billion.
3) A pipe C, on behalf of D on April 2009, was used as operating funds by borrowing approximately KRW 50 million from the Defendant, and C, which was requested to pay intermediate payment from the former shareholders of E, borrowed KRW 150 million, on behalf of D, an additional amount of KRW 150 million from the Defendant, and paid interest of KRW 1.5% per month on behalf of D. 4) The Defendant forced the Plaintiff Company to transfer 22% of the shares owned by the Plaintiff Company despite D’s being the creditors, and C promised to pay KRW 3500,00 out of the shares of E owned by the Plaintiff Company.
5) The Defendant continued to force transfer of shares even thereafter, and even after consultation with D, the Defendant transferred 1,750 shares, calculated according to the court’s decision of capital reduction, to the Defendant, 1,750 shares, 3,50 per cent of the E’s shares, calculated according to the court’s decision of capital reduction. 6) E terminated the rehabilitation procedure on February 16, 2013, and prevented capital erosion.