(영문) 광주지방법원순천지원 2017.08.10 2017가합10191

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(영문) 광주지방법원순천지원 2017.08.10 2017가합10191

여객운송사업 양도무효확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Facts without any dispute, entry of Gap evidence 1 and 2, fact-finding inquiry and reply to the agencies in the relevant court, the whole purport of pleadings);

A. The Dispute Resolution Co., Ltd. (hereinafter referred to as the “Non-Party Company”) is a company with the purpose of marine transportation, etc., and the Plaintiff is a shareholder holding 40% of the shares of Non-Party Company.

B. The non-party company was operating a passenger ship on the route D, E, F, and G with the license for marine passenger transport services from the Minister of Oceans and Fisheries.

C. On August 10, 2016, Nonparty Company entered into a contract on the transfer of the object indicated in the separate sheet (hereinafter “instant transfer contract”) to the Defendant, and the Defendant succeeded to the said business license, thereby providing maritime passenger transport services for each of the aforementioned routes.

2. The Plaintiff’s assertion that the transfer contract of this case constitutes a transfer of all or important parts of the non-party company’s business and thus requires a special resolution of the general meeting of shareholders. Thus, the Plaintiff, a shareholder of the non-party company, seeks confirmation that the transfer contract of this case

3. The defendant, a shareholder of the non-party company, has no interest in seeking confirmation of invalidity of the transfer contract of this case, and the lawsuit of this case is unlawful.

The shareholder of a stock company shall have an interest in the management of the company as the owner of the company. However, the company's property relation shall not be deemed to have a specific or abstract interest only in fact, economic or general, and shall not have a specific or legal interest. The shareholder shall exercise the right to maintain the director's act against the director in accordance with the certain requirements, since he does not directly participate in the management of the company and may affect the company's business through the resolution of the general meeting of shareholders or through the shareholder's

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