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(영문) 부산지방법원동부지원 2016.12.09 2016가합100927

주주총회결의 부존재확인 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a company established on January 22, 2014 for the purpose of selling as a sales agent, managing buildings, developing real estate, etc., and is running a business of newly constructing and selling a hotel on the Busan Shipping Daegu D and E land (hereinafter “instant hotel”) from June 2013 (hereinafter “instant business”).

B. Around January 2015, the Plaintiff prepared a certificate of borrowing money (hereinafter “the instant certificate of borrowing”) with the Defendant with the following content.

The obligee column of the instant loan certificate is as follows: (a) the FF Corporation’s corporate design is affixed to the obligor column. The Defendant’s name is affixed to the obligor column; (b) the Defendant’s personal design is affixed to the Defendant’s representative director C; (c) the Defendant’s personal design is affixed to the guarantor column; and (d) the two pages of the guarantor column are written as the representative director H by the Plaintiff Company G (hereinafter “G”) and the name of G is affixed to the Plaintiff’s corporate design.

A(hereinafter referred to as the "creditor") and B representative director I(hereinafter referred to as the "debtor") shall enter into a certificate of borrowing money in borrowing cash for the purpose of success of the J hotel business on the following terms:

Article 2 [Conditions and Period for Repayment of Amount Borrowed)

1. Amount borrowed: A set of 1,000 million won per day (1,00,000,000 won);

2. Interest on loans: A set of 1,100,000 won per day (1,100,000 won).

3. Repayment period: Within three months from the date of borrowing.

4. Method of repayment: He/she promises to preferentially repay the principal billion won and interest-free cash, 00 million won, through a guarantee on unsold loans in lots, and to repay the payment of which is KRW 300,000,000,000,000,000,000,000 won,

(The timing of loan of an intermediate loan is expected to be four months after the sale) Article 3 3 (Conditions for Prior Performance for Motor Vehicles)

1. The debtor with respect to the goods referred to in Article 1 above, with the maturity of the loan period of a bank in the current year related to the security trust;