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(영문) 수원지방법원안산지원 2015.05.28 2014가합4832
소명의무 불이행책임
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a non-party G Co., Ltd. (former trade name: H Co., Ltd. before the alteration; hereinafter “non-party company”) with the purpose of manufacturing and selling concrete mixtures, etc.

(1) 60,010 shares of the Company (42.86%) and Defendant C Co., Ltd. (former trade name: I Co., Ltd.; hereinafter “Defendant Company”).

(2) Defendant B served as a director of the Defendant Company from September 1, 2000 to March 31, 2008, and served as the representative director from March 31, 2008 to March 26, 201, respectively, from February 5, 2001 to March 31, 2007 and from March 31, 2008 to March 28, 201 to March 31, 2008.

Defendant D served as the representative director of the non-party company from March 31, 1998 to September 30, 2004.

From March 14, 2006, Defendant E served as a director or an internal director of the Defendant Company, and he also served as the representative director of the Nonparty Company from April 12, 2005 to March 31, 2007, and from March 31, 2008 to March 28, 2013.

Defendant F is serving as the representative director of the non-party company from March 28, 2013, and from March 29, 2013 as the representative director of the defendant company.

B. On May 12, 1999, the non-party company passed a resolution of the board of directors to issue convertible bonds of KRW 10,000,000,000, in total face value and issue value of the bonds, and KRW 300,000,000, in the type of bonds and non-registered bonds, and Type 1 convertible bonds of KRW 10,000,000, in the face value and face value of the bonds, and KRW 300,000,000, in the face value of the bonds (hereinafter “instant convertible bonds”). The non-party company was treated as receiving the above convertible bonds from the non-party company with previous loans of KRW 10,00,00,000, in the Plaintiff’s face value and issuance of KRW 30,000, in the Plaintiff’s corporate bonds on May 17, 199.

On January 15, 2001, the Plaintiff converted the shares of the instant convertible bonds to the non-party company.

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