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(영문) 수원지방법원 2019.04.03 2017가합22028

주주권확인청구의소

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1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On May 14, 2009, the Defendant established 30,000 shares issued for the purpose of manufacturing the system of electric installations laid underground and increased its capital on December 27, 201 by 60,000 shares issued on December 27, 201 and completed its registration on December 30, 201.

C is a shareholder who has taken office on May 1, 201 and has been the defendant representative director until now.

On October 8, 2012, the Plaintiff agreed that KRW 2,500,000,000 shall be invested to the Defendant as follows and shall receive 50% of the shares of the Defendant Company.

(hereinafter “instant agreement”). On October 10, 2012, the amount of the intermediate payment of KRW 500,000,000 on the basis of the contract deposit, KRW 500,000,000 on the intermediate payment of KRW 500,000 on October 17, 2012, the Defendant introduced the intermediate payment of KRW 100,000 (Secondary) on October 24, 2012, KRW 300,000 on the intermediate payment of KRW 40,000 on October 31, 2012 and KRW 300,000 on the intermediate payment of KRW 40,00,000 on October 31, 200, KRW 200 on the remainder of KRW 50,000,000 on the loan of KRW 00,000 on the remainder of October 9, 2012, E. 10, 2015.

C At the time of borrowing Nos. 2 and 3, each of 6,000 shares was offered to D as security and issued a share transfer agreement with such contents.

On December 31, 2012, the Defendant expressed its intent to terminate the instant agreement, since it did not make an investment under the instant agreement to the Plaintiff.

The Defendant borrowed the money from January 10, 2013 to April 19, 2013 as follows.

The Plaintiff and C jointly and severally guaranteed the obligation of borrowed money Nos. 2, 8, and 9.

The lender on January 10, 2013, the date of loan 10,000 E 50,000,000 on January 10, 2013, F 250,000 on January 10, 2013, 30,000 on January 11, 2013, F 110,000,000 on January 15, 2013; 50,000,000 G Bank on January 15, 2013; 10,000,000,00 on January 16, 200, 10,000, 50,000,000 on January 16, 200, 10,0000,000,000, 10,0000, 30,008, 30, 130, 10,013