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(영문) 의정부지방법원 2018.12.21 2017가합58014

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Establishment of Co., Ltd. and the status of the parties 1) Co., Ltd. D (hereinafter “D”).

(B) E Co., Ltd. (F) (hereinafter referred to as “F”)

(B) G Co., Ltd. (hereinafter “G”)

On May 18, 2007, the two owners entered into a joint promotion agreement for the integrated energy supply project in the Hoju New City H District, and formed a D consortium on April 23, 2008, and obtained a license for the integrated energy supply project from the Minister of Knowledge Economy on November 26, 2008. 2) D, F, and G entered into a stockholders agreement on December 23, 2009, and established C (hereinafter referred to as “C”) for the purpose of installing and operating power generation facilities, heat source facilities, heat transportation facilities, and distribution facilities for the integrated energy supply in accordance with the stockholders agreement.

3) Thereafter, on May 4, 2010, the Plaintiff acquired C’s shares from D and F, and entered into an agreement with D, F, G, and Yangju City HI district’s HI district’s operation. On May 31, 2012, the Plaintiff, the investor of C, and D, F, and G, entered into an agreement with the investor to perform the obligation to pay insufficient funds during the instant construction. (iv) as of June 30, 2014, D held 7,848,870 shares out of C’s total issued shares (30.50%).

5) Since July 30, 2015, the Plaintiff held 5,095,332 shares (13.13%) among C’s total outstanding shares of 38,798,958 shares. 6) The Defendant is serving as the representative director of C from March 25, 2014 to March 25, 2014.

B. On December 30, 2009, C between D and G on December 30, 2009, the two main collective energy project facilities construction works (hereinafter “instant construction works”) and the facilities to be constructed pursuant to the instant construction works are “the instant power plant”.

the contract amount of the design, purchase, construction, etc. of the company shall be 565,629.