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(영문) 수원지방법원여주지원 2015.04.23 2014가합11016
주주총회결의부존재확인등
Text

1. The plaintiff B, C, and D shall be dismissed.

2. The plaintiff A's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The Defendant Company is a company running golf courses, etc., and its capital is KRW 500 million and total issued stocks are KRW 50,000.

(2) On June 21, 2013, the Plaintiff Company A, a director of the Defendant Company, who was substantially operating the said Company, entered into a contract with H on offering 20,000 shares of the Defendant Company as collateral, and H on paying KRW 200,000 to the acquisition purpose of the Defendant Company, and the total acquisition amount of the Defendant Company was within KRW 290-30 billion. Accordingly, H paid KRW 200,000 to the Plaintiff around that time.

(3) Thereafter, on October 27, 2013, Plaintiff A and H concluded a contract with the following terms (hereinafter “instant contract”). Accordingly, H paid KRW 300 million, excluding the above KRW 200 million already paid to Plaintiff A, among KRW 500,000,000, which was to be paid in cash at that time.

[The contract of this case] The plaintiff A (hereinafter referred to as "A") delegated all matters related to the management and the right to operate the golf course of the defendant company to H (hereinafter referred to as "B") under the following contract:

Article 1 1 - The Plaintiff B, as the wife of the Plaintiff Company A, held 20,00 shares of the Defendant Company at the time of the instant contract, and the Plaintiff C, as the Plaintiff’s children, held 15,00 shares of the Defendant Company. The “35,00 shares of the Defendant Company” as stated in Article 1 of the instant contract refers to the sum of the shares owned by the Plaintiff B and C.

(70%) and the remaining share certificates 15,000 shares (30%) as security for B, and delegate to B all the rights to operate the golf course of the I golf club, the management rights of the defendant company and all the rights of the major shareholders.

- B may exercise all the share certificates and voting rights in all management during the period of delegation and delegation of all the share certificates of the Defendant Company.

- A.

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