임시주주총회결의 부존재 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Busan Mutual Savings Bank (hereinafter “ Busan Mutual Savings Bank”) extended a loan to the Defendant from around 2005 to Pyeongtaek-gun, D, E, etc. In addition, on February 2010, the balance of the loan to the Defendant of Busan Savings Bank was equivalent to KRW 28 billion.
B. On May 24, 2010, the Plaintiff, F, G, H, and I, a shareholder of the Defendant, prepared a pledge of shares (hereinafter “instant contract”) with the Busan Savings Bank and the Busan Mutual Savings Bank (hereinafter “UB2 Savings Bank”), and there is no seal or seal between the Busan Savings Bank and the Busan 2 Savings Bank.
Among them, the contents of the instant case are as follows:
(1) Busan Savings Bank, Busan District Bank: The creditor and the pledgee (2), F, G, H, H, and I: the debtor's shareholder and the pledgee (3). The debtor and the defendant entered into a loan transaction basic agreement and loan agreement (including additional loan transaction agreement, PF business promotion agreement, and all related contracts) other than the monthly date in order to raise funds required for the sale of the new penta construction project at Pyeongtaek-gun, Chang-gun, D, and Eriwon, Gangwon-do. The debtor and the debtor of the company specializing in issuing stocks and the defendant entered into a loan transaction basic agreement and loan agreement (including additional loan transaction agreement, PF business promotion agreement, all related contracts).
On the other hand, in order to secure the debtor's obligations against the pledgee, the pledgee shall set up a pledge on the shares issued by the debtor to the pledgee in order to secure the debtor's obligations against the pledgee, including the present and future obligations borne by the debtor under the credit transaction agreement, etc., and the parties entered into this contract as follows:
Article 2. Establishment of a pledge and requirements for setting up a pledge (1) A person who has created a pledge shall approve each provision of a credit transaction agreement, etc. and make a pledge for each person's own stocks in accordance with the following subparagraphs: