(영문) 수원지방법원 2015.08.28 2014가합12907

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(영문) 수원지방법원 2015.08.28 2014가합12907

주주총회결의 무효확인 등

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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. A. Around October 13, 2008, the Defendant’s establishment and ownership status of shares (1) the Plaintiff, C, and D established “B” as a corporation of a personal business entity D operated on and around October 13, 2008, and C was in charge of technological development and product sales, and the Plaintiff agreed to invest funds for the establishment of the company and its initial operation cost. Thereafter, C, D, and the Plaintiff established the Defendant for the purpose of software consultation, development, and supply business on November 9, 2009. 2) The Defendant’s shareholder and ownership status of shares (5,00 won per share, general share), among the Defendant’s total shares of 20,00 shares (5,00 won per share, 5,000 shares per share), and C, D owned each share of 8,400 shares, and 3,600 shares, respectively.

However, the above 3,600 weeks of E are acquired by the plaintiff in the name of E which he knows.

3) On March 13, 2013, the representative director of the defendant was changed from D to the plaintiff, and the plaintiff was appointed as director of D and C as an internal director, and C as an auditor. (B) After the plaintiff was appointed as the representative director of the defendant, in relation to the defendant's operation, in the course of negotiations between C, D and the plaintiff, in which the plaintiff and E transfer the entire shares issued by C and E to C and E to transfer the shares issued by the plaintiff and E to C and E, the plaintiff would not participate in the defendant's operation instead of collecting the shares invested in the defendant.

2) Accordingly, around April 18, 2013, the Plaintiff, E, C, D, and the Defendant are the total 12,00 shares issued by the Defendant and the Plaintiff owned by the Plaintiff and E (hereinafter “instant shares”).

(2) 250 million won (hereinafter referred to as “instant agreement”).

2) The Plaintiff and E agreed to accept and settle the shares of the Defendant and agreed to “agreement related to the settlement of shares” as follows (hereinafter “instant agreement”).

1.1. Amount to be received - 250 million won

2. Time of payment - From May 1, 2013 to April 1, 2015.

유사 판례

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