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(영문) 서울중앙지방법원 2018.09.13 2017가합527945
주식양도통지 등
Text

1. The plaintiff's main claim against defendant C is dismissed.

2. Defendant C Co., Ltd.

Reasons

1. Facts of recognition;

A. The Defendant Company is a corporation established on June 5, 2014 for the purpose of the business of installing and operating cablecar in the “E” located in the territory of Myanmar (hereinafter “instant business”).

Defendant B is the inside director of the Defendant Company, and Nonparty D is the representative director of the Defendant Company.

Article 1 (Purpose) This Agreement determines the rights and obligations among each shareholder for the purpose of facilitating and rapid progress of the instant project and obtaining future additional business rights, implemented by H&A, which is a Myanmar Joint Venture, in which the operation of the Defendant Company and the Defendant Company have invested 80% of the shares.

Article 2 (Scale of Total Project Costs) The total project cost to be invested by the Defendant Company in a joint venture shall be approximately KRW 15 billion to KRW 17 billion.

Article 3 (Roles between Shareholders)

1. The plaintiff: the financing of the project cost of this case;

2. Defendant B: Acquisition of the instant business rights and exploitation of new projects;

3. G, D: Article 4 (Formation of Defendant Company and Joint Venture Corporation) of the initial Fund and Working-Level Work for the Acquisition of Project Rights in this case;

2. The directors of the defendant company shall be composed of the plaintiff, defendant B, G, and F four, and the representative director shall be entrusted to the plaintiff, and the auditors shall be composed of one and two persons.

Article 6 (Matters Subject to Dismissal)

1. The Plaintiff presents to shareholders the content of each date according to the instant funding plan by March 10, 2015.

2. In order to continue the instant business, the Plaintiff shall execute the funds as follows:

(1) Basic funds after approval: KRW 450,000,000,000,000 shall have been completed, and KRW 150,00,00,000.

3.15. Transfer to Myanmar;

(2) J agency down payment: KRW 700 million (on or before March 2015, remittance shall be made).

(hereinafter omitted) Article 8 (Adjustment, etc. of Shares in Defendant Company)

1. At the same time with the seal of this Agreement, changes in the shares of the shareholders of the defendant company as provided for in Section 9 of this Agreement, and reorganization of the photograph of the defendant company.

2. At the same time, the Plaintiff confirmed the implementation of the above Paragraph 1, and at the same time, Jsa deposit KRW 70 million.

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