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(영문) 서울중앙지방법원 2019.10.24 2018가합6971
주식명의신탁계약서등 무효확인 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company established on July 26, 2005 by E in order to carry on the business of manufacturing and selling refining coal and coal recycled products, and the D’s capital from 2006 to 650 million won and the number of stocks is 130,000 shares.

On May 9, 2014, the Plaintiff was a director and the representative director, and was dismissed from office of the representative director.

B. E, who was the actual manager of D, was in bad credit standing, entrusted the name of D’s shares to relatives and branch. On February 28, 2006, the Plaintiff received a title trust on part of D’s shares, and was appointed as D’s director on April 5, 2006.

C. E around 207, around 2007, operated D with F having the machinery and equipment necessary for the mixed chemical business, as well as D.

E transferred 60% of the shares of D (78,00 shares) to the person designated by the F and F (G, and H). The F transferred the machinery and equipment to D and had it bear the cost of construction on June 28, 2007.

On the same day, the Plaintiff transferred 40% of the D’s shares held in the name of the Plaintiff under the trust from E to E, and retired from office as D’s director.

F as the representative director of D, the F guaranteed the D's various loans to financial institutions, and the personal business entity was faced with the insolvency crisis, and the individual business entity wanted to escape from the above payment guarantee obligation.

F and the Plaintiff drafted on October 19, 2007 the following agreements (hereinafter “instant agreement”). As of February 13, 2008, F resigned from the representative director, and the Plaintiff was appointed as the representative director.

1. The Plaintiff succeeds to the loan of KRW 500 million and KRW 200 million in progress at J Bank (TB) upon request by D, after F obtaining a loan and using the loan as facility and equipment, and after completing the loan.

2. If the above funds of KRW 200 million are not available, a corporation transfer and takeover shall be null and void, and the Plaintiff shall immediately refund the borrowed funds for the construction expenses already paid.

(F) K. 3. 500 million loans.

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