beta
Text
No. 71 of 2007, No. 71 of 2007, a notary public against the plaintiff of defendant D entered into a monetary loan agreement.
Reasons
1. Basic facts
A. The circumstances of the instant case (1) E established the Plaintiff Company with capital of KRW 70 million, and E owned all the shares, but due to the characteristics of the partnership company requiring more than two employees, the shares equivalent to KRW 560 million out of which are in its own name and the remaining shares amounting to KRW 140 million in the name of F (G).
(2) On July 6, 2006, E agreed to operate the Plaintiff Company by moving 50% of the Plaintiff Company’s equity shares to KRW 100 million, and E and H invested each KRW 100 million.
E on July 31, 2006, pursuant to the above agreement, on the aggregate of all the shares in the name of G in the name of the Plaintiff company and some of the shares in the name of the Plaintiff company, transferred to H an amount equivalent to KRW 350 million equivalent to 50 million out of the shares in the Plaintiff company. H was registered as the representative director of the Plaintiff company on the same day.
Plaintiff
From that time, the Company, the husband of H, was in charge of the actual management, and then changed the name to the J Partnership.
(3) Meanwhile, the Plaintiff Company filed a business suspension report at the competent tax office on November 19, 2007 following the continuous aggravation of management status, and received a written notice ex officio cancellation of business registration around June 30, 2008.
However, after November 19, 2007, Plaintiff Company continued to engage in substantial business activities, and employees at the time continued to work.
(4) On June 30, 2009, E retired on June 30, 2009 after transferring to K a total of KRW 350 million shares of the Plaintiff Company.
K transferred to L on September 17, 2009 all the amount equivalent to KRW 350 million of the above equity to L and retired.
(5) On January 21, 2010, H transferred to L the share equivalent to KRW 332.5 million out of the Plaintiff Company’s share, and on February 10, 2010, M the share equivalent to KRW 17.5 million out of the Plaintiff Company’s share, and retired from the Plaintiff Company on the same day.
H followed L was registered as the representative director of the Plaintiff Company on January 21, 2010, and the Plaintiff Company as an unlimited partnership.