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(영문) 대전지방법원 2017.08.31 2016나110930

청구이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On February 20, 1997, the Plaintiff limited liability company A (hereinafter “Plaintiff company”) was established for the purpose of manufacturing and selling fruit, etc., and mainly supplying sabbbbbling, etc. to the Gun through bidding, and E is a husband of H, a representative director of the Plaintiff company, and a person who actually operated the Plaintiff company.

Upon E’s request, the Defendant was appointed as the representative director of the Plaintiff Company on December 5, 2013, and resigned on June 9, 2015, and I was employed as the employee of the Plaintiff Company under the consent of E in order to assist the Defendant’s financial settlement from September 2014 to June 2015, which was the representative director of the Plaintiff Company.

The Defendant’s investment in the Plaintiff Company and the representative director’s appointment made a request from E, a real operator of the Plaintiff Company, to make an investment in the Plaintiff Company, and prepared an investment agreement containing the following details between the Plaintiff Company and the Plaintiff Company on November 20, 2013.

(hereinafter referred to as “instant investment agreement”). An investor’s Defendant shall prepare an investment agreement with respect to cash investment in the Plaintiff Company as follows:

1. In order to promote the management stability of the objective company and the sound growth of the future, the interests between the parties to the investment agreement are to establish a framework for the development of the company by preventing unexpected future disputes in advance;

2. The amount of investment and equity investment shall be 250,000,000 won, and the defendant shall hold 30% equity shares in the plaintiff company.

츌자 지분 변경 명세표 (변경 전) (변경 후) 성명 주식수 지분율(%) 성명 주식수 지분율(%) H 27,000 60 H 31,500 70 J 18,000 40 B 13,500 30 합계 45,000 100 합계 45,000 100

3. Matters to be taken in advance by the Plaintiff Company following investment are subject to the protection of investors by the Plaintiff Company.