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(영문) 인천지방법원 2019.04.19 2018가합51415
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company whose head office is the real estate business (real estate sales business, rental business, and management business) with its head office in Namdong-gu, Incheon. The Plaintiff is a shareholder holding 500 shares (50%) out of total issued shares of the Defendant Co., Ltd., and the Defendant B is a shareholder holding 500 shares (50%) out of total issued shares of the Defendant Co., Ltd. 1,000, and is a director of the Defendant Co., Ltd. and co-representative D and co-representative.

B. Defendant B’s in-house director appointment process, etc. 1) Defendant Company newly built G on the Nam-gu, Incheon and F ground and sold it (hereinafter “instant business”).

(A) On May 31, 2015, Defendant B, a representative of Defendant B and in-house director, is the H (hereinafter “H”) to proceed.

) and G new construction (hereinafter “instant construction”)

(2) At the time, D, the representative director of the Defendant Company, at the time of June 17, 2015, borrowed 3 billion won from H as interest KRW 200,000,000 from H until July 16, 2015, and agreed to transfer 500 shares of the Defendant Company owned D to Defendant B if the said borrowed amount was not repaid by the due date, and to have Defendant B take office as a director of the Defendant Company. On the same day, D, which held a temporary general meeting of shareholders, adopted a resolution to approve the said contents.

3) As the Defendant Company failed to pay the above KRW 3 billion and interest thereon by July 16, 2015, the due date for payment, Defendant B acquired 500 shares of the Defendant Company from D pursuant to the above agreement, and the Plaintiff and Defendant B entered into a real estate partnership agreement with the following details on July 27, 2015, and on the same day, the Plaintiff and the Defendant assumed office as the joint representative director and internal director of the Defendant Company in accordance with the above agreement.

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