주주서면결의부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Fact-finding;
A. On December 5, 2016, the Defendant was established for the purpose of distributing, selling, and rendering services, such as electric vehicles, related parts, etc., and C, the Defendant’s representative director, was one shareholder holding solely 20,000 shares (one share amount, KRW 5,000, and KRW 100 million) of the Defendant’s shares issued by August 2017.
B. On August 29, 2017, the Plaintiff (hereinafter referred to as “B”) made an agreement on the authority of the representative director with the Defendant (hereinafter referred to as “A”) on the following terms and conditions:
(hereinafter “instant agreement”) C B
C. Regarding the instant agreement, the following documents are prepared between the Plaintiff, the Defendant, or C:
(1) On August 29, 2017, the receipt certificate (Evidence A No. 4): “The Defendant shall receive approximately KRW 450 million from the Plaintiff by agreement on acceptance of all the duties of the Defendant’s Defendant’s business and agreed to the following: - The Defendant shall receive from the Plaintiff as of August 29, 2017 all the duties, including tangible and intangible management, settlement, and property rights.”
On the other hand, the above receipt certificate is accompanied by a supply contract with respect to the “ Jeju E” detached Housing F (hereinafter “instant housing”) being constructed on the land outside Jeju city at Jeju. The supply contract is issued in the name of G Co., Ltd. that the supply price is KRW 462,560,279, and the seller is G Co., Ltd., and the buyer receives KRW 462,560,279 as the down payment in the end of the contract, as well as the supply price is written in C.
C. The shares of the Defendant Company are jointly owned by the representative director C and the investor. The shares of 100% of the Defendant Company are owned by the representative director C.
All shares of the Defendant Company may not be transferred, sold, or lent to another person in any circumstances without consultation between C and the Plaintiff.
Defendant Company.