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1. Of the instant lawsuit, the part of the claim for revocation of the resolution of the board of directors is dismissed.
2. The defendant on December 23, 2015
Reasons
1. Basic facts
A. The Defendant’s establishment and issuance of shares issued 10,00 shares at the time of incorporation of the company (5,000 shares per share). The Plaintiff subscribed 2,60 shares, D 1,00 shares, E 300 shares, F 50 shares, G 500 shares, and H 5,100 shares, respectively.
At the time H leased KRW 300 million to the Defendant at the request of the Plaintiff, and accepted KRW 5,600 shares of the Defendant as collateral for this, and the register of shareholders was registered as acquiring and holding KRW 5,100 shares in the name of H and KRW 500 in the name of H.
B. On July 16, 2008, the Defendant borrowed KRW 200 million from the National Bank of Korea, and withdrawn KRW 100 million, and repaid KRW 300 million to H on July 17, 2008, H decided to return KRW 5,600 of the above shares to the Defendant or to the Defendant’s directors. On the same day, H drafted a sales contract on KRW 5,600 of the above shares between I and the Defendant’s representative director, and I prepared a sales contract on KRW 5,600 of the above shares. 2) Around that time, H agreed to return as above, 1,500 of the shares of the Defendant 5,600 shares to E, and 2,800 shares to I, 1,300 shares, and D acquired 800 shares out of its shares from the Plaintiff.
As of the end of 2008, the Plaintiff on the register of shareholders held 1,800 shares (=2,600 shares - 800 shares), D 1,800 shares (=1,000 shares), E 1,800 shares (=300 shares), F 1,800 shares (=500 shares), F 1,80 shares (=500 shares) and 2,800 shares, respectively.
(3) On October 10, 2008, I agreed to transfer 2,80 shares owned by the Defendant to the Defendant as of October 10, 2008. The F also agreed to transfer 1,80 shares owned by the Defendant to the Defendant as of May 8, 2009 (= 2,800 shares) I and F agreed to transfer 1,80 shares owned by the Defendant (= 2,800 shares owned by 2,80 shares), among the shares owned by the Plaintiff, D, and E, 1,400 shares each, and as of the end of 2009.