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(영문) 수원지방법원 2018.06.22 2015가합66406
손해배상 등 청구의 소
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant B are all dismissed.

2...

Reasons

1. Basic facts

A. Defendant B is a person who actually was operating D Co., Ltd. (hereinafter “Nonindicted Company”); Defendant C is the wife of Defendant B; and the Plaintiff is a person who, from March 2006, intended to participate in the management of the Nonparty Company by investing (investment) or lending money in the Nonparty Company.

B. On April 3, 2006, the plaintiff, the defendant B, and the non-party company are "Agreement on April 3, 2006" as follows.

) The Party B(Defendant 1.) of the Agreement, “A”, and “B”, “B”, and “B” have given B the position of 50% of the shares of D Co., Ltd. and the representative director, and “B”, by making maximum efforts, promised to develop the Company and use it for improving the sound financial structure and raising funds and increasing sales necessary for the operation of the Company, and to follow an agreement with “B” as follows. (The Plaintiff’s investment recognizes deposit amount of KRW 420,000,000.

C. Foods

1. The honorable treatment for B shall be treated as the Chairperson;

(Formality)2.B ensure that monthly salary of KRW 7 million is paid to B.

(after normal operation)

3.B shall pay the amount of KRW 100 million in the form of interest-free loan.

(as far as possible on June 30, 06) 4. through 4.

7. Omitted.

8. In accordance with the above agreement, the de facto share ratio of the Company shall be 50 per cent of the A Preferential Shares and 50 per cent of the B Preferential Shares, each of which shall have 50 per cent.

9. Therefore, it is confirmed that A 51% and B 49% of the shareholders' list dated March 30, 2006 are formal shareholders' list in order to maintain the force of corporate operations from external divisions, such as bank loan transactions, to A.

C. On January 14, 2008, the Plaintiff and Defendant B are also “the primary transfer contract” with the following content.

Done at the time of the preparation of the first transfer agreement, the total number of shares issued by the non-party company was 20,000 shares, each of which was 4,500 shares (each of which was 22.5%) is Ga, F,2,60 shares (13%), G, 1,400 shares (7%) is H, 2,00 shares (each of 10%) is H, J, 3,00 shares (15%) in the name of K.

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