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(영문) 서울남부지방법원 2013.10.17 2013가합1014
이사회결의무효확인 등
Text

1. The plaintiff's main claim part among the lawsuit of this case is dismissed.

2. Defendant C is the Plaintiff 1,200,000.

Reasons

1. Basic facts

A. Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”) is an incorporated foundation established on March 10, 1992 for the purpose of establishing and operating a medical institution, and owns the “E Hospital” on the ground of Guro-gu Seoul, Guro-gu, Seoul. In the process of constructing the said hospital, the bankruptcy petition was received on February 2009 by Non-Party Incorporated Company’s calculation, and on July 29, 2009, Non-Party F, the representative of the claim group, composed of some of the construction companies participating in the new construction of the E Hospital, was appointed as the president of the Defendant Incorporated Foundation.

B. On March 23, 2010, in order to normalize the operation of the Foundation, the Defendant Foundation entered into an “acquisition agreement for the management rights of the Foundation” (hereinafter “instant contract”) with Defendant C to transfer the management rights of the Foundation to Defendant C. On the same day, F, in order to transfer the management rights of the Defendant Foundation, retired from the office of the president of the Defendant Foundation, the Plaintiff retired from the office of the director of the Defendant Foundation, and the board of directors of the Defendant Foundation decided to substitute Defendant C with the new president of the Defendant Foundation.

The main contents of the instant contract are as follows.

Article 2 (Transfer and Acquisition Conditions)

1. Amount of transfer or acquisition: The amount of transfer or acquisition shall be paid by a transferee (Defendant C refers to the defendant C; hereinafter the same shall apply) to accept and repay the total amount of claims recorded in the provisional attachment and the separate sheet in which the transferor (Defendant C refers to the defendant foundation; hereinafter the same shall apply) is currently aware of, and the amount of claims recorded in the separate sheet shall be repaid first, the amount of debts owed to the calculation of the present stock company shall be repaid first, and other debts shall be paid by the transferee after mutual consultation between

Article 3 (Procedures for Transfer or Acquisition)

1. The transferee shall pay part of the debt with respect to the calculation of the stock company until April 10, 2010 and draw up a draft agreement thereon.

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