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(영문) 춘천지방법원원주지원 2015.07.30 2015가합5237
이사회결의무효확인의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant corporation is a foundation corporation with the objective of creating and selling park cemeteries and charnel facilities, and C is a director with the power of representation (hereinafter “president”).

B. On September 3, 2014, the Plaintiff and C shall operate the business of the Defendant Corporation by comprehensively taking over the proceeds of 15 billion won (1 billion won on the date of the contract, and the remaining 14 billion won on the date of the contract, from November 3, 2014 to December 3, 2015) (Article 1, 2, and 4), provide C with all documents related to the resignation of directors and directors in preparation for the failure to implement the contract (Article 7(1)), and if the payment is delayed for at least 10 days, C may immediately cancel the contract by deeming that there is a cause attributable to the Plaintiff (Article 10(1)), and in this case, the Plaintiff and the directors and chief directors appointed by them shall immediately resign from all duties of the Defendant Corporation.

(Article 10(5) of the Act entered into a transfer agreement (hereinafter “instant agreement”) with the content of the transfer agreement.

C. On September 3, 2014, the Plaintiff was appointed as the president of the Defendant Corporation and completed the registration of the corporation around that time pursuant to the instant contract. However, on November 3, 2014, the Plaintiff notified the Plaintiff that the instant contract would be automatically cancelled pursuant to Article 10(1) of the instant contract, where the Plaintiff failed to perform its duty to pay the remainder of KRW 200,000,000,000 among the intermediate payment of KRW 1 billion and KRW 800,000,000,000,000,000,000,000 won.

After that, the Plaintiff did not pay the above money by the end of December 2014, and C, at the time of the instant contract, entered the Plaintiff’s resignation letter provided by the Plaintiff as of December 22, 2014 and submitted it to the Defendant corporation.

hereinafter referred to as "a letter of resignation submitted as above by C" is "a letter of resignation of this case".

. Defendant.

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