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(영문) 광주지방법원목포지원 2017.08.24 2017가합37

출자지분 반환 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) A Limited Company C (the trade name at the time of incorporation was G, but was changed to the current trade name on July 10, 2008.

The following is the “instant company”

(2) On January 7, 2008, the Plaintiff: (a) was a company established for building construction business, etc.; (b) at the time of its establishment, the representative director is the Defendant; (c) H and directors are the Defendant; and (d) H were 40% (2,00 shares in the register of shareholders); and (c) the Defendant was 60% (3,000 shares in the register of shareholders). (d) The Plaintiff was the obligor who borrowed money from the Defendant with respect to the security of borrowed money as the obligor; and (e) around January 2008, the Defendant and the instant company’s name (hereinafter “instant confirmation”).

The indication of real estate: In borrowing money by changing the title of the land listed in the list Nos. 1, 3, and 5, it is confirmed that it will be carried out through mutual consultation and will not thereafter file a civil or criminal objection as follows.

1. In borrowing money, the interest rate shall be 2% per month;

2. The borrower shall pay for the establishment of a corporation:

3. The name of the legal entity shall be G;

4. The representative of a legal entity shall be H and the directors shall be the defendant.

5.The repayment of a loan shall be made with a loan extended after completion.

6. All documents necessary for financial loans shall be submitted at any time by the borrower at the request of the borrower;

7. Change of the name of the representative and the director of the Company when the obligations have been repaid after the loan:

8. To transfer to a person nominated by the borrower.

9. Mutual reimbursement shall be made for any damage caused by a violation of the above-mentioned items;

3) On March 26, 2009, H resigned from the representative director of the instant company, and transferred 40% (2,000 shares of the instant company owned by the principal to the Defendant) of the instant company’s shares to the Defendant. 4) On the same day, the Defendant was appointed as the representative director of the instant company, but resigned on February 9, 2012. At present, the Defendant is represented by the instant company as a director.

B. The instant company, in the course of the pertinent lawsuit, shall be listed on June 25, 2010.