질권설정계약 무효확인 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C is the representative director of E Co., Ltd. established for the purpose of electronic commerce and related distribution business (hereinafter “E”), and the Defendant is a company engaged in the manufacture, sale and agency business of new products.
On the other hand, on June 9, 2014, the Plaintiff entered into a contract with E and credit card member stores for the purpose of soliciting and managing credit cards, etc.
Specialized
1. As of the date of the conclusion of this Agreement, F and G are holding the largest shareholder who holds 4,287,373 shares in registered ordinary shares of 500 won issued by the Defendant and their specially related persons and are holding the right of management of the Defendant.
2. C and E intend to become the largest shareholder of the Defendant by acquiring 4,287,373 share of registered ordinary shares issued by the Defendant at par value of 500 won.
Article 5(Private Equity Holders)F and G shall resolve to KRW 7 billion for the expansion of defendant capital and smooth progress of new projects after the conclusion of this Agreement by a third party who is paid-in capital C, E and a person designated by them, and C shall participate in the increase of KRW 7 billion capital.
Article 6 (Investment in Capital Increase) (1) F and G shall be used only for the purposes designated by C and E for smooth progress of new projects and acquisition by the defendant.
(2) C and E shall provide the new stocks generated under Article 5 to F and G as security, not later than the date of intermediate payment.
Provided, That the method of providing security shall be discussed by both parties.
Article 10 (Matters of Special Agreement) (2) C and E enter into a contract (sales and operating profit) with the defendant for a new business to be undertaken by C and E after this contract.
B. The F and G Co., Ltd. (hereinafter “G”) (hereinafter “the Defendant’s representative director”) entered into a management right acquisition agreement with C and E on January 27, 2015 (hereinafter “instant acquisition of management right”). At the time, F and C respectively for the convenience of the performance of the said agreement.