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1. The plaintiff's lawsuit against the defendant A is dismissed.
2. The plaintiff's claim against the defendant C is dismissed.
3...
Reasons
Basic Facts
D’s incorporation was established on October 2, 2014 for the purpose of selling and selling new buildings, selling agency business, etc., Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) and appointed as the representative director.
Of the total number of shares generated by the defendant company 225,000 shares, 80,000 shares were owned by D, the representative director, and the remaining 145,00 shares and E, the inside director of the defendant company, respectively.
The Defendant Company borrowed money from the Defendant Company and the primary stock transfer was running a business creating “G” on the land (hereinafter “instant business”) other than the F, Busan-gun, Busan-gun, and 19 parcels of land (hereinafter “the instant business”). On December 2014, the Defendant Company borrowed 4.5 billion won from Defendant C with the purchase fund for the said project site, but decided to transfer the instant business right, representative director, and shareholder’s authority until Defendant C withdraws the said loan and contract construction cost.
Accordingly, on December 9, 2014, the Defendant Company held a temporary general meeting of shareholders to approve the lending of money and waiver of the right to implement the project, consent to change the name of the owner, conclusion of the contract for transferring and taking over shares, restriction on the shareholder's voting rights by the expiration date. On the same day, the Defendant Company held the board of directors and resolved to approve the lending of money of KRW 4.5 billion and the transfer and taking over contracts
On December 10, 2014, Defendants, D, and E: (a) borrowed KRW 4.5 billion from Defendant C from Defendant C (hereinafter “instant loan”); and (b) made an authentic deed of a monetary loan agreement with the content that D and E are joint and several sureties’s debt; and (c) written the authentic deed of a monetary loan agreement with the content that D and E are joint and several sureties.
D. E prepares a letter of commitment with the Defendant C that the business loan (PF) shall be responsible and completed until February 28, 2015 for “the raising of contract construction costs and the repayment of loans” between D and C on the same day, and that if the date is not complied with, the business right and the shares owned by each of the instant parties shall be immediately waived.
E on December 10, 2014, Defendant C shares 145,000 shares of Defendant C.