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(영문) 수원지방법원 2018.05.04 2016가합78697
주주권 확인청구 등
Text

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 recognized;

A. In 2008, the Plaintiff was offered to make an investment in Defendant B, who was the representative director of Defendant D (hereinafter “D”) as a high school, as the head of the Kameras Business Department, who was in office as E Co., Ltd. (hereinafter “E”).

Defendant D is a manufacturer related to Kameras established in 2004, and Defendant B proposed investment to receive substantial assistance from Defendant D’s businesses using the Plaintiff’s location in E.

B. The Plaintiff received the Defendant B’s proposal. However, the Plaintiff was issued KRW 50 million per share value of KRW 100,000 per share of Defendant D, which was an unlisted company as of October 2008, under the name of Nonparty F, rather than in the name of the affinity F in the relationship in which he was employed, and was issued at KRW 50 million per share in total.

(2) The Plaintiff held shares of 100,000 shares (hereinafter “instant shares”). From December 10, 2008 to December 10, 2008, the Plaintiff re-consulted with Defendant B to transfer the instant shares to Defendant C, who is an employee of Defendant D, and held the shares in his name.

C. Around March 30, 2010, Defendant D entered into a preferential investment contract with G (hereinafter “G unions”).

(A) The contract provides that the conversion rate shall be 14,534 won per common share, the total acquisition price shall be 9,99,392,00 won, and the conversion rate shall be 1 common share per share, and the redemption rate shall be 3 years after the date of issuance of the first common share, and the company shall be 4 billion won per share if the consolidated adjustment net income on the consolidated audit report of the year 2010 or 201 exceeds KRW 500,00,000,000.

The G Union, which is an investor, has the right to nominate one of four directors of the company.

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