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(영문) 서울중앙지방법원 2018.02.02 2017가합508258

주금지급청구

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Facts of recognition

The plaintiff is a corporation established on August 6, 2008 for the purpose of the construction, management, and operation (sale) of integrated energy supply business.

On January 18, 2007, the Defendant prepared the Joint Promotion Convention (hereinafter referred to as the “instant project”) with a consultative body (hereinafter referred to as the “CB”) for the purpose of joint promotion of the integrated energy supply project for the Jung-gu Incheon Metropolitan Government B B, for the purpose of jointly promoting the project (hereinafter referred to as the “instant project”), and prepared the “Joint Promotion Convention” with the promoters and shareholders who participated in the establishment of the Plaintiff. The three shareholders constituted a consortium on the same day, and prepared three shareholders’ share shares related to the instant project (three share shares of three shareholders, 60%, Defendant 35%, and 5%, respectively) of the instant project, including the conclusion of the shareholder agreement and the establishment of the Plaintiff.

On May 11, 2007, 3 shareholders acquired an integrated energy business license from the Minister of Commerce, Industry and Energy, and 3 shareholders agreed to establish and operate a stock company under the Commercial Act by investing capital as shareholders.

Accordingly, on August 2008, three shareholders entered into a shareholder agreement that stipulates the principle of establishment and operation of a stock company (the main contents of the shareholder agreement are as follows) and on August 6, 2008, the Plaintiff was established.

Article 6 (Capital and Stocks) (5) Where a party to a contract increases its capital either to meet the capital requirements under a business plan and concession agreement after incorporation or to achieve the objective business prescribed in Article 4, he/she shall accept new stocks issued by the company in writing in proportion to the shares of each party at the time the company resolves to increase its capital, and a financial institution designated by the date of payment of the full acceptance price for the stocks

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