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(영문) 대구지방법원 2014.05.15 2012가합44161

주주권확인 등

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1. The part of the Plaintiff’s lawsuit against Defendant B, which claimed the confirmation of shareholder’s rights, shall be dismissed.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. The Plaintiff’s husband, along with Defendant C and E, agreed to operate a business related to solar power plants, and on May 7, 2008, Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. At the time of the incorporation of the Defendant Company, the capital of KRW 50,000, the number of issued shares is KRW 10,000, D and the Defendant C shall each hold 40% (4,000 shares) of their shares, and E shall hold 20% (2,00 shares) of their shares. However, D agreed to register the shares in the name of the Plaintiff, its wife, and accordingly, the list of shareholders of the Defendant Company was completed on the date of the incorporation.

C. In addition, at the time of the establishment of the Defendant Company, the Defendant Company registered Defendant C as the representative director, E as the director, and the Plaintiff as the wife D as the auditor, respectively.

D, on June 5, 2008, the defendant C, and E entered into a specific agreement agreement (Evidence A 3; hereinafter referred to as the "agreement of this case") with respect to the establishment, operation, etc. of the defendant company as a notary public No. 1890 of the Gyeongbuk law firm deed 2008 with the following contents.

- The instant agreement - Article 1 [Methods of Payment for Purchase of Real Estate and of Public Charges] The price and public charges for the development of the site for the said electricity generation business shall be paid in equal three equal installments at the time of completion of the construction project, in cooperation with C and D, and E, when applying for a prior agreement, at the time of completion of the construction project, shall pay the price in advance to C and D, and at the time of completion of the construction project, at the same time as C and D, in accordance with Article 2 (Responsibility until the completion of the power plant).

Article 3 [Duties after the completion of the power plant] All the responsibilities after the completion of the power plant shall be governed by the bylaws of the Company.

§ 4. [Liability when suspending the implementation of a project] When the project for the establishment of a power plant is to be interrupted due to serious problems, the liability for losses incurred therefrom shall also be due to shares.

After that, D, Defendant C, and E shall additionally contribute to the Defendant Company KRW 800,000,000 in capital around December 25, 2009.