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(영문) 광주지방법원 2020.12.22 2020가단513601
출자좌수 반환 청구의소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 2015, the Plaintiffs, E, and the Defendants concluded a consignment management contract (hereinafter “instant consignment management contract”) with respect to a limited liability company F (trade name G, limited liability company G, hereinafter “instant limited liability company”).

B. Under the instant consignment management contract, the Defendants paid KRW 35,00,000,000 each of them, and were transferred the shares of the instant limited liability company. The Plaintiffs, E, and the Defendants’ number of equity shares became as listed in the following table.

1 The equity ratio of Plaintiff A 28,672 28.11% 21,655 21.23% 3 E 24,255 23.78% 4 Defendant C 13,709 13.44% 5 Defendant D 13,709 13.44% in total 102,000 10.00% in total.

C. Article 8 of the instant consignment management contract provides for the following. In addition, the instant consignment management contract appoints Defendant C as representative director, and the expenses incurred in the operation and management of the instant limited company are borne by Defendant C.

(c) Article 8 (Transfer and Return of Investments) (1) Where a company is to sell or acquire by transfer its investments due to inevitable circumstances for the operation of the company, it shall be conducted by agreement of all stockholders.

(2) The contributions of “B” and “B” shall be preserved and returned by preserving the principal, and the contributions of “A” shall be refunded from the remaining contributions after deducting the refund of “B” and “B”.

E On February 27, 2020, the entire shares of the limited company of this case are transferred to the plaintiffs, and the composition of the limited company of this case at present is as follows:

1 The equity ratio of Plaintiff A 40,802 40.00% 2 Plaintiff B 33,780 33.12% 4 Defendant C 13,709 13.44% 5 Defendant D 13,709 13,709 13.44% in total 102,000% in total

E. The plaintiffs made the defendants as deposited, and E departs from the U.S. and no longer participate in the management of the limited company of this case, which caused inevitable circumstances that prevent them from participating in the management of the limited company of this case, and each of 35,000.

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