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Reasons
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(영문) 전주지방법원정읍지원 2017.07.12 2016가합566
주주총회결의무효확인 등
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1. The plaintiff's lawsuit against the defendant B and the plaintiff's lawsuit against the defendant C.

Reasons

1. Basic facts

A. Defendant B Company (hereinafter “Defendant Company”) is a company established on November 26, 2013 for the purpose of waste recycling business, etc.

B. The total number of shares issued by the Defendant Company is 50,000 shares (ordinary shares, face value of KRW 10,000 per share, KRW 50,000 capital). 45,00 shares (90%) on the register of shareholders were registered in the name of the Plaintiff, and the remaining 5,00 shares (10%) were registered in the name of Nonparty D, and the Plaintiff was registered in the name of representative director and internal director.

C. On March 31, 2015, the Plaintiff entered into a share sale contract with Defendant C with the following content that transfers the entire shares issued and the management right of the Defendant Company to Defendant C (hereinafter “instant contract”). around that time, the Plaintiff received KRW 135 million down payment from Defendant C.

Section 1 (Purpose of Sale) The purpose of this Agreement is to sell all shares issued by the Plaintiff in the Defendant Company, real estate owned by the Plaintiff, management rights, etc. (including all facilities in the factory including permission and incineration, and all facilities in the building) to Defendant C to the extent not contrary to restrictions on disposal of industrial sites.

Article 4 (Payment Method of Sale Price) Defendant C shall pay the purchase price to the Plaintiff as follows:

1. Contract deposit: 135,000,000 won (payment at the time of conclusion of a contract);

2. Part payments: 800,000 won (in lieu of an amount of KRW 800,000,000 (the maximum amount of claims shall be KRW 1,040,000,000) owed by the Defendant Company to accept together with the down payment, and the Plaintiff shall transfer 70% of the shares of the Defendant Company).

3. Balance: Article 10 (Matters under special agreement).

3. Ten percent (D's name 5,000 shares) of the remaining shares (5,00 shares) that are not owned by the Plaintiff at issue are liable and settled by the Plaintiff.

4. The provisional attachment of a building shall be settled prior to any balance as a legal judgment by the Plaintiff.

9. Consultation only once at the time of failure to pay any balance by September 30, 2015 and thereafter interest on the balance shall be 3 million won per month.

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