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(영문) 서울고등법원 (춘천) 2017.01.18 2016나1279
부당이득반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On March 28, 2011, G, the representative of the Plaintiff, is the “Agreement dated March 28, 2011, 201, which was entered into between Defendant B and D (the trade name at the time was a “stock company H”; hereinafter “instant company”).

(I) enter into an agreement. Article 3 (Business Allocation and Cooperation Obligations) of the Agreement (I’s Comprehensive Construction, Construction and Operation)

3. “B” (the instant company) provides “A” (the G of an incorporated association) with 51% of the shares owned by “B” in order to meet the terms and conditions of the instant project, and grants priority to the appointment of a representative director and an officer, and determines the number of officers appointed by “B”. Article 10 (Special Agreement)

7. The holding of shares offered by “B” shall be returned at the end of this business, and the tax disposition incurred at the time of stock offering shall be adjusted by “B”.

After that, on June 5, 2013, the Plaintiff entered into a contract with Defendant B to acquire the shares and managerial rights of the instant company that became a construction business registration from Defendant B in price of KRW 200,000 (hereinafter “instant contract”).

On June 17, 2014, Gangwon-do issued a disposition of business suspension for the instant company on the ground that its capital in 2012 is insufficient, and at the same time issued an order to submit a “examination report on financial management status at the end of the business as of the base date” within 30 days after the business suspension is terminated in relation to capital.

However, on February 13, 2015, the Plaintiff did not submit a report on the diagnosis of financial management status within the above period, and Gangwon-do did not supplement the requirements for registration by the end of business suspension.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 1 (including branch numbers) and Gangwon-do of the court of first instance.

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