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(영문) 전주지방법원 2017.04.07 2016가합270
손해배상(기)
Text

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

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, including the status of the parties, is a corporation with the purpose of urban bus transportation business within the father.

The defendant was appointed as the representative director of the plaintiff on July 10, 2006, and completed the registration of his inauguration on July 13, 2006.

B. On March 25, 2009, the Defendant entered into an agreement between the Defendant, E, and the Plaintiff (Evidence A 2; hereinafter “instant agreement”) as follows, and did not obtain approval from the board of directors.

At the time, the Plaintiff’s shares were owned by the Defendant 64,540 shares (95.5%) and the Defendant’s South East East F, G, and the Defendant’s mother, respectively, 1,020 shares (1.5%).

As follows, in the sale or exchange of the shares of the Plaintiff E, the Plaintiff B, and C, and C, and D’s own land (hereinafter “L land”), owned by the Plaintiff C, and D’s own land (hereinafter “L land”), for C, and C, and C, owned by the Plaintiff C, the Party B, and the Party C, owned by the Party C, and the Party C, and the Party C, including “L land” and “L land,” as follows:

Article 1 Section 1. A shall sell to B the shares (95.5%) of C Co., Ltd. owned by A at KRW 764 million, and Eul shall immediately register as C's representative director and report the transfer of shares at the tax office.

Article 2 Section B shall be paid KRW 300 million first of the purchase price of the above shares, and Party A shall pay KRW 300,000,000 to Party A, as security, the garage land owned by Party A.

Article 3. After the sale and purchase of the above stocks, the change of the representative director, and the pre-payment of the purchase price of KRW 300 million, A and B shall exchange the land of the garage owned by A and the L land owned by C, etc.

Article 4 The size of the garage owned by Party A shall be 1,200 square meters except for the portion of the road site incorporated in Banan-gun, and the size of remaining or her mother and child shall be calculated and calculated as KRW 500,00 per square meter.

Article 5 Section B shall be Section A by April 30, 2009.

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