(영문) 수원지방법원 2014.07.11 2013가합24323

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(영문) 수원지방법원 2014.07.11 2013가합24323

주주확인 등

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1. Of the instant lawsuit, Defendant C seeks to confirm that he was dismissed from office as the representative director and director of Company E.

Reasons

1. Basic facts

A. On October 13, 2008, the Plaintiffs and Defendant C established a “E” corporation as a private business entity operated by Plaintiff B on or around October 13, 2008, and agreed that the Plaintiffs take charge of technological development and product sales, and Defendant C agreed to invest funds for the establishment of the company and its initial operating expenses. Thereafter, the Plaintiffs and Defendant C agreed that the business for software consultation, development and supply of software, etc. (hereinafter “foreign business”).

(2) On March 13, 2013, the shareholders of the non-party company and their shareholding status were respectively owned by the plaintiffs among the 20,000 shares (one share amounting to 5,000 won, common shares) issued by the non-party company, respectively, 4,00 shares, Defendant C 8,40 shares, and Defendant D D 3,60 shares.

However, the above 3,600 shares of defendant D was acquired in the name of defendant C, who is his child.

3) On March 13, 2013, the representative director of the non-party company was replaced from the plaintiff B to the defendant C, and the plaintiff B and the defendant C were appointed as the director of the non-party company, and the auditor of the plaintiff A. B. After the defendant C taken office as the representative director of the non-party company, the plaintiff and the defendant C were infinite between the defendant and the non-party C in relation to the operation of the non-party company. The plaintiffs and the defendant C agreed to negotiate with the agreement that the defendant C will not participate in the operation of the non-party company instead of collecting the funds invested by the defendant C in the non-party company by transferring the entire shares issued by the non-party company to the plaintiffs.

2) On April 18, 2013, the original Defendant and the non-party company are the aggregate of 12,000 shares issued by the non-party company owned by the Defendants (hereinafter “instant shares”).

(2) 250 million won (hereinafter referred to as “instant agreement”).

The acceptance is made to the non-party company.

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