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(영문) 대전지방법원 천안지원 2018.10.19 2018가합353
주주총회결의취소
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. Defendant Company: (a) is a company operating a housing construction business with its main office set forth in building E and non-102 in Dong-gu, Chungcheongnam-gu; and (b) the total number of issued stocks is 3,010,000 shares.

B. (1) On December 22, 2014, the Plaintiff acquired 22,575,00 shares of the Defendant Company’s director and 2,412,750 shares from C, which owned 22,57,00 shares. (2) The Defendant Company’s “Detailed Statement on Change of Stocks, etc. (from January 1, 2014 to December 31, 2014)” submitted to the tax office, stated that C transferred 225,750 shares out of shares owned by C to the Plaintiff.

As a result, the statement of stock fluctuation (from January 1, 2015 to December 31, 2015 of the business year) submitted on March 31, 2016 stated that the Plaintiff holds 225,750 shares.

3) According to the Defendant Company’s shareholder registry on March 31, 2015, the Plaintiff Company entered into a contract with F1,961,250 shares, C 225,750 shares, G 225,750 shares, H 225,750 shares, Plaintiffs 225,750 shares, I 145,750 shares, and I 145,750 shares, respectively. (C) on June 2, 2015, D paid KRW 50,500 shares to KRW 451,50 shares from C on June 2, 2015, and KRW 205 shares were paid KRW 50,50 shares to the Plaintiff and KRW 50,000 shares on the same day, and KRW 50,000 shares were paid KRW 50,500 shares issued by the Defendant Company on June 31, 2015.

2) From February 16, 2015 to June 12, 2015, D lent KRW 598,000 to Defendant Company and C, and from February 16, 2015 to June 12, 2015, F, a debtor, and joint guarantor, is each holding by C and F, preparing a monetary loan agreement on July 17, 2015.

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