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(영문) 청주지방법원 충주지원 2018.02.22 2016가합3522

주주총회결의부존재확인 등 청구의 소

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1. The plaintiff's lawsuit taken over by the defendant B against the administrator C of the rehabilitation debtor B, which is the plaintiff's lawsuit taken over.

Reasons

Basic Facts

(1) Defendant C (hereinafter “B”) as of August 10, 2015, as of August 10, 2015.

A) The representative director of B and the shareholders of B were common shares of 1,325,000 shares. Meanwhile, the total number of shares issued B around that time was 1,520,00 shares (ordinary shares of 1.4 million shares, 60,000 shares, 60,000 preferential shares for redemption, and 60,000 voting shares). (2) On August 10, 2015, the Plaintiff entered into a contract with Defendant C to purchase 70,00 shares of common shares issued by Defendant C (hereinafter “instant contract”).

B The Plaintiff and Defendant C paid the purchase price of KRW 1.75 million per share (250 million per share) under the instant contract, and the sales price of KRW 1.75 million per share is KRW 250,000,000. In the event that B cannot achieve the objective of sales (6.72.5 million per share, the error range of KRW 50,000) in 2015, the purchase price shall be KRW 3.50 million (Article 9), the purchase price shall be paid by dividing it into a down payment, down payment, intermediate payment, and remainder on or before August 15, 2015; the remainder shall be paid within three days after the settlement data was finalized; the Plaintiff deposited it into a bank account designated by the seller; and the Plaintiff divided the sales amount of KRW 10,50,00 per share into a new account under the name of the Plaintiff’s account (Article 10,251) and the Plaintiff divided the two accounts into two five (14) and five (15) of the Plaintiff’s new account.

(2) On March 28, 2016, a cash receipt of KRW 10 million was remitted to KRW 28.75 million. The evidence No. 3 stated that KRW 2220 million was deposited to the Plaintiff, but the Plaintiff’s assertion is followed. Meanwhile, Defendant C received KRW 10 million as of March 28, 2016 (Evidence No. 3-2 of the evidence No. 3, and there is no dispute as to whether the authenticity was established.

3) The Plaintiff prepared and delivered the document to the Plaintiff.