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1. The part of the Plaintiff’s claim for inspection and copying of the minutes of the board of directors in the principal lawsuit shall be dismissed;
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff’s husband C around October 19, 2001 upon the Defendant’s request from D, the representative director at the time of the Defendant, to lend money for the operation of the company, and in the case of a corporation below E, the representative director at the time of the Defendant, only the “corporate name” shall be omitted and entered.
In the name of the foreign exchange bank, loans of KRW 150 million in the name of the foreign exchange bank (hereinafter referred to as "loans to foreign exchange banks") and loans to the Defendant.
(hereinafter “instant loan”). (b)
On October 31, 2001, the Plaintiff acquired common shares (amounting to KRW 10,000) of the Defendant’s issuance (amounting to KRW 10,000) 18,000 of the total number of issued shares (the total number of issued shares was reduced by 9,000 shares (the total number of issued shares; hereinafter “instant shares”) around March 2002.
C. Upon the Defendant’s failure to repay the instant loan, C around June 2002 requested D to change D’s name as the Defendant of the debt amounting to KRW 275 million, including the bill discount loan and interest, etc. against F, whose representative director is H, North Korea Mutual Savings Bank.
Accordingly, on June 28, 2002, the Defendant borrowed KRW 275 million from Gyeongbuk Mutual Savings Bank with D’s joint guarantee (hereinafter “loans to Gyeongbuk Mutual Savings Bank”) and repaid F’s loans with D’s discount obligations.
E. D transferred the Defendant’s management right to G around December 2005, and G transferred the Defendant’s management right to G on December 13, 2005.
F. On May 9, 2006, the Gyeongbuk Mutual Savings Bank filed a lawsuit against the defendant and D for a loan claim (Seoul District Court Branch Branch of 2006Gadan5541). On May 9, 2006, it received a judgment from the above court that "the defendant and D shall jointly and severally pay 275 million won to the plaintiff (the title of the Gyeongbuk Mutual Savings Bank) and 11% per annum from December 30, 2004 to January 29, 2005, and 21% per annum from the next day to the date of full payment."