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(영문) 제주지방법원 2015.06.02 2014가단12026

주식인도 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant C”) was established for the purpose of operating the lighting exhibition hall business on February 16, 201 (mutual name D was changed to E Co., Ltd. on October 12, 2012, and as of May 27, 2014). At the time of June 2013, Plaintiff (the inside director of the Defendant Co., Ltd from February 28, 201 to August 6, 201, the representative director of the Defendant Co., Ltd, from July 15, 201 to September 19, 201, owned 2,450 shares of the shares issued by the Defendant Co., Ltd. (hereinafter collectively referred to as “stocks generated”) among the 100,000 shares issued by the Defendant Co., Ltd., Ltd., the representative director, from September 15, 201 to September 19, 201, to 100 directors from May 27, 2013>

B. The Plaintiff filed a lawsuit against the Defendant Company, including Jeju District Court Decision 2012Gahap2015. From January 18, 2010 to March 25, 2012, the Plaintiff rendered a total of KRW 174,635,314 in relation to the Defendant Company’s business, and leased KRW 118,47,60 in total to the Defendant Company’s business promotion cost, and the judgment became final and conclusive around June 13, 2013, “The Defendant Company shall pay to the Plaintiff KRW 293,112,914 in total, and the amount of KRW 20 per annum from August 10, 2013 to June 13, 2013.”

C. The Plaintiff filed a complaint against G with the Defendant Company on the suspicion that G embezzled the Defendant Company’s funds, and on December 11, 2012, G agreed to transfer 8,225 shares out of 16,450 shares owned by G to the Plaintiff (hereinafter “instant share transfer agreement”). D.

H and Defendant B found out the actual situation of the Defendant Company in order to acquire the right of management of the Defendant Company, and around June 2013, the Defendant Company set up the right to collateral on the new building site of the Defendant Company at KRW 6 billion with the maximum debt amount of KRW 1,308,732,234.