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(영문) 전주지방법원 2015.06.03 2014가합610

사원권확인 등

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1. Of the instant lawsuit, the part concerning the Plaintiff’s existence of a resolution against the Defendant limited liability company B and the claim for nullification thereof.

Reasons

1. Basic facts

A. On September 21, 2009, Defendant Company (1) was decided to commence rehabilitation procedures with the Jeonju District Court 2009hap7, and Party E was appointed as administrator of Defendant Company. On September 21, 2009, Party E denied all of the Plaintiff’s rehabilitation security right declaration amounting to KRW 1,753,856,802. (2) Accordingly, the Plaintiff filed a final claim inspection judgment with the Jeonju District Court 2010 U.S. on February 4, 2010. On January 21, 2011, the Plaintiff recognized the Plaintiff’s rehabilitation claim as KRW 887,904,802 as the Plaintiff’s rehabilitation claim in the final claim inspection judgment. The Plaintiff withdrawn the Plaintiff’s rehabilitation security right under the premise that the Plaintiff’s rehabilitation security right was transferred to the Plaintiff, but the Plaintiff’s withdrawal was based on the premise that the Plaintiff’s rehabilitation security right was transferred to the Plaintiff.

B. On October 10, 2012, Defendant C issued an investment intent to pay KRW 7.5 billion to the Defendant Company for subscription to new shares on or before the conclusion of the instant investment agreement (i.e., the conclusion of the instant investment agreement), and the following agreement with the Plaintiff to make an investment of KRW 7.5 billion in the amount of subscription to new shares arising from the rehabilitation procedure (hereinafter “instant investment agreement”).

The contract of the Defendant Company states that the Defendant Company’s rehabilitation obligor Company’s rehabilitation secured creditors and employees A (Plaintiffs). As to the subscription money for capital increase generated during the rehabilitation procedure, Defendant C files an application for a certain amount of money. Article 2 (Investment Method and Distribution Details of the subscription money for capital increase under this Agreement refers to cash investment and specific amount of the subscription money for capital increase.