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1. The plaintiff's conjunctive claim added at the trial is dismissed.
2. The costs of the lawsuit after the appeal are filed are assessed against the Plaintiff.
Reasons
1. Basic facts
A. On August 30, 2012, the Plaintiff entered into a contract with the Defendant for assignment and takeover of claims (hereinafter “instant contract for assignment of claims”) to the effect that “the Plaintiff transferred the Plaintiff’s claim for the construction cost for remodeling of the Plaintiff’s instant building (hereinafter “instant claim”) against F Co., Ltd. (hereinafter “F”) to the Defendant: Provided, That when the Defendant receives the instant claim, if there exists the remainder of the amount that the Defendant loaned to the Plaintiff in consultation with other creditors, it shall be treated as the instant contract for assignment of claims” (hereinafter “instant contract for assignment of claims”).
(2) On November 5, 2012, the Plaintiff notified F of the assignment of claims under the instant assignment contract by content-certified mail.
B. C’s acquisition of Plaintiff’s shares on February 15, 2013, the Plaintiff’s register of shareholders was registered as holding 3,000 shares out of 5,00 shares issued by the Plaintiff at the time, H 1,00 shares, and 1,000 shares, respectively. (2) The J sold 3,000 shares of the Plaintiff (hereinafter “instant shares”) to C on May 28, 2014.
3) On May 30, 2014, the Plaintiff’s list of shareholders was listed as C’s 3,00 shares out of the total number of 5,00 shares issued by the Plaintiff at the time, H 1,00 shares, and I 1,00 shares. C’s representative director appointment 1) C filed an application for convening a general meeting of shareholders seeking the convocation of the Plaintiff’s temporary general meeting of shareholders, which is the principal of the case, as Daejeon District Court 2015, 2006. On May 15, 2015, the said court permitted the Plaintiff’s temporary general meeting of shareholders to convene a general meeting of shareholders as an agenda item for the removal and appointment of the Plaintiff’s internal director, amendment of the articles of incorporation, and appointment of the representative director under the amended
2) Accordingly, at an open general meeting of shareholders, C was elected as the Plaintiff’s representative director. [In the absence of any dispute over grounds for recognition, Gap evidence 1, Gap evidence 5-2, Gap evidence 7-2, Gap evidence 7-3, Gap evidence 9-1, 5, 6, and Gap.