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(영문) 창원지방법원 진주지원 2018.04.18 2017가단35645
투자금반환청구의소
Text

1. The plaintiff's primary and conjunctive claim against the defendant B against the defendants.

Reasons

1. The facts below the basic facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 22.

On April 5, 1996, Non-party D opened and operated the G points of E (PP franchise). On December 2001, D, together with F and G points, established the Defendant Company B (hereinafter “Defendant B”), which is a juristic person, and took office as the representative director. Around June 2007, Jinju-si, a large retailer, opened the G points to I store, and around June 201, Defendant C (A) moved the G points to the I store. Around 2015, Defendant C (A) was a management director of Defendant B.

B. Around September 2015, the Plaintiff introduced that Defendant C is seeking an investor from her natives, and the Plaintiff met Defendant C, and Defendant C collected her son including the Plaintiff (Defendant C’s friendly job offering K, etc.) as an investor to establish a new E point. The Plaintiff and K decided to invest their money in Defendant B who intends to open the L point. On September 17, 2015, K transferred 200 million won to D’s account on two occasions, and on October 29, 2015, the Plaintiff transferred 100 million won to B’s account in the name of Company B.

C. On November 2, 2015, the issuance of new shares by Defendant B and the third party allotment, the Plaintiff was issued a resident registration card (Abstract) with the head of Jin-si, and the minutes of the general meeting of shareholders by Defendant B were recorded as indicated in the minutes of the general meeting of shareholders as of November 2, 2015, and as of attached Table 1, as of Defendant B’s three existing shareholders (D, N, C), and one of Defendant B’s three existing shareholders (D, N, and C) was the former shareholder of the company. The shareholders’ general meeting was issued with new shares 14,000 and the former shareholder was decided to acquire them by November 2, 2015 in proportion to the proportional distribution of shares owned by the shareholders listed in the current shareholders’ list, but some of the shares shares of allocated (3,590 shares) were written. The waiver of the acquisition of new shares (part) was written as of November 2, 200.

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