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(영문) 춘천지방법원 2019.11.06 2017가합50136
회사해산
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. The background of the Defendant’s establishment and the progress of the instant project; 1) The Korea Land and Housing Corporation established on October 1, 2009, pursuant to Article 8(1) of the Addenda to the Korea Land and Housing Corporation Act (amended by May 22, 2009), comprehensively succeeded to the property, claims and obligations of Korea Land and Housing Corporation, and other rights and obligations; hereinafter “Korea Land and Housing Corporation” regardless of whether before or after succession. C Co., Ltd. (hereinafter “C”).

(1) On November 21, 200, the project implementation agreement was entered into with D on November 21, 2000, and D jointly establish a local enterprise as prescribed by Article 2 subparagraph 4 of the former E-Support Act (amended by Act No. 906, Jan. 30, 2009) and jointly implement D’s accommodation, gas station, and liquefied petroleum gas filling business (hereinafter “instant business”).

(2) On March 2, 2006, the Korea Land and Housing Corporation and C posted a notice on the daily newspaper that the private business entity is invited to participate in the operation of accommodation facilities as accommodation facilities in D, the public offering capital of KRW 3 billion, and the public offering qualification for a public offering application for a public offering with the “individual corporation or consortium (permission to two corporations) with the ability to operate accommodation facilities, and the corporation operating accommodation business exceeds 50%,” in the case of a consortium, the public offering for a private business entity.

3) G Co., Ltd. (hereinafter “G”), and

H Co., Ltd. (hereinafter “H”)

Around September 2006, the Korea Land and Housing Corporation, C, G, and H established a domestic corporation to establish and operate accommodation facilities, gas stations, and charging stations, and entered into a project agreement for the development of D-support facilities (hereinafter “instant project agreement”) with a domestic corporation established, and the Korea Land and Housing Corporation and C to contribute a total of seven billion won to the established domestic corporation.

The main contents of the project agreement of this case are as follows.

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