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(영문) 서울남부지방법원 2017.11.09 2014가합103948

양수금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. 1) The occurrence of dividend claim, Inc. (hereinafter “Round Construction”)

(B) The project company and the Korea Land Corporation established on April 22, 2004, jointly invested and established by the Round Construction Co., Ltd. on April 22, 2004 (hereinafter referred to as the “instant project agreement”) with the content that the project company will carry out a consortium project within the Daejeon X-S International Exhibition Zone (hereinafter referred to as the “instant project agreement”).

(2) Article 9 (Collection and Distribution of Investments) (1) "A (referring to the Korea Land Corporation; hereinafter the same shall apply) and "B (referring to the treatment construction, third party construction and construction consortium; hereinafter the same shall apply)" provide for the dividend of business profits as follows, and Article 9 (Collection and Distribution of Investments) and Article 9 (referring to the "Korea Land Corporation"; hereinafter the same shall apply) of "B" (referring to the defendant; hereinafter the same shall apply) as at the end of the project period, shall distribute all profits of "B" (referring to the assets management company established under the business agreement of this case) and "B" (referring to the assets management company established under the business agreement of this case) as at the end of the project period.

(2) "A" shall collect contributions and dividends referred to in paragraph (1) in cash at the end of the project period.

(3) The term "disease" may pay interim dividends in cash.

In such cases, "A" and "B" shall operate the received interim dividend in a specified money trust, etc. of a bank, and shall use the received interim dividend in the form of additional investment or subordinated bonds, etc. for the project cost or operating fund of "A".

(3) On March 26, 2009, at an open general meeting of shareholders held on March 26, 2009, the Defendant notified the Trackam Construction, which held 1,637,712 shares of the Defendant’s ordinary shares on March 30, 2009, to the effect that “the dividends will be later paid KRW 5,920,328,80 as the liquidity fund is secured” (hereinafter referred to as “instant dividend claim”).

(b) the transfer of dividend claims 1) on the one hand; and