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(영문) 부산지방법원 동부지원 2018.05.09 2017가합104353
위약금등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. as the parties (hereinafter “Nonindicted Company”) is a corporation established for the purpose of maritime leisure and sports business, etc., and Defendant B is serving as the representative director from December 4, 2015.

The plaintiff and the defendants are shareholders of the non-party company.

B. Dispute 1 between the Plaintiff, the Defendants, and E is the person retired after having served as the representative director of the non-party company from April 14, 2008 to April 14, 2014. The non-party company completed July 4, 2014 in accordance with the minutes of the temporary general meeting of shareholders and the board of directors of the non-party company on June 30, 2014 and the minutes of the board of directors of the non-party company again filed a resolution to issue new shares 20,000,000 shares to the Plaintiff, the Defendants, and H (hereinafter referred to as “the Defendants and H”) on August 7, 2014 to the effect that “where the board of directors of the non-party company did not waive the acquisition of new shares by the relevant ratio, it shall be deemed that the non-party company did not give notice of its intention to underwrite new shares by the relevant date.”

3) At the time, among the total number of shares issued by Nonparty Company 100,000, the Plaintiff owned 20,000 shares, Defendant B owned 6,00 shares, H owned 10,00 shares, and Defendant C owned 16,00 shares, and the Plaintiff and Defendant side owned 52,00 shares in total (52%), and E owned 48,000 shares (48%). The Plaintiff and Defendant side requested the suspension of the procedures for issuance of new shares to Nonparty Company on August 11, 2014. On August 26, 2014, the Plaintiff and the Defendant filed an application for the suspension of the performance of duties against the representative director, inside director F and G.

Each of the duties of E, F, and G was suspended according to the determination of the acceptance of the above provisional injunction.

(Resan District Court Branch Branch 2014Kahap10015). (c)

On January 23, 2015, the agreement between the Plaintiff and the Defendants, and between the Defendant and E continue to be in dispute, the Plaintiff transferred 1,500 shares to the Defendants respectively in KRW 100 million.

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