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(영문) 창원지방법원 2019.02.21 2017가합53562
대여금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) established by E on April 30, 2014, and operated as a shareholder and representative director, and E transferred 66% of D’s stocks to F upon receiving investment from F on March 2016, and F and any other company that acquired stocks together with F were appointed as D’s internal director on March 10, 2016.

B. On October 2016, E transferred 12% of D’s shares to the Plaintiff, who was the head of D’s factory (unregistered but not a director), and 22% of D’s shares to the Plaintiff, who was the former head of D’s factory (Plaintiff B acquired shares in the name of H, a private village resident), and on October 10, 2016, he resigned from D’s inside director and the representative director and was appointed as the Plaintiff A as the representative director, but he still took the lead in the operation of D.

C. When F considers it difficult for D to recover the investment amount due to cumulative accumulation, it took part in D’s management from around December 2016 (around February 2017, which was introduced to D’s employees as “representative”) and decided to accept D’s name as the Defendant (a stock company I) who was a company it had operated (the trade name at the time was “stock company”).

D On February 14, 2017, the Defendant entered into a contract with the Defendant to transfer the factory site, factory building (JJ land and its ground building), and machinery and equipment owned by it in the amount of KRW 3,80,000,000 (hereinafter “instant contract”) and transferred its ownership to the Defendant on the same day.

D closed on March 24, 2017 (D) e.

On February 10, 2017, the Defendant: (a) changed the trade name from “Stock Company I to “Stock Company C”; and (b) registered the change of trade name on February 17, 2017 (English trade name was used as “K”); (c) around that time, sent a public notice to the effect that the trade name and the settlement account was changed to the existing business partners of D, but that it would continue transactions under the same conditions as the transfer.

The defendant shall have the date of establishment D.

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