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1. Of the instant lawsuits, the part concerning the agenda in paragraphs 4 and 6 of the attached Table shall be dismissed, respectively.
2. Defendant’s March 30, 2018
Reasons
1. Basic facts
A. The Defendant is a stock company incorporated on December 5, 2016 with capital of 300,000,000 won (total number of issued shares, 60,000 shares per share, 5,000 won per share) for the purpose of housing construction project and housing site preparation project, etc., and the Plaintiff A is a stockholder who holds 25% shares out of the Defendant’s issued shares, and Plaintiff B is a stockholder who holds 10% shares.
B. (1) Plaintiff A and D entered into a joint agreement on January 26, 2017, after establishing the Defendant to jointly carry out multi-family housing development projects (hereinafter “instant project”) in the E Group in Mayang-si.
According to the joint project agreement, Plaintiff A and D were appointed as a joint representative director, Plaintiff B and F as an internal director and operated the Defendant. After that, G lent money to Plaintiff A, thereby holding the Defendant’s shares for the repayment of some loans.
Current shareholder composition of the defendant is as follows.
D 24,000 A 40% A 15,000 shares 25% G 9,000 G 15% F 6,001 shares 10% B 5,999 shares 60,000 shares 2) The Defendant entered into a design service contract with H Co., Ltd. (hereinafter “H”) on February 10, 2017 with the Defendant to provide the Defendant with design services regarding the instant project, and the Defendant paid 1,140,000 won to H.
H is a company with which D holds 100% of issued stocks, D's representative director, and F's executive director, respectively.
(3) In addition, on August 24, 2017, the Defendant entered into a sales marketing service contract with Company I (hereinafter “I”) with the content that I provides sales marketing services to the Defendant and that the Defendant pays KRW 2,00,000,000 for each household, performance fees, etc.
(4) On August 25, 2017, the Defendant concluded a sale-type land trust agreement with J on the terms of entrusting the instant project.