logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2016.04.26 2014나5774
주식반환 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The defendant is issued by C (the head office in the Dong Sea E) to the plaintiff.

Reasons

1. Basic facts

A. On July 11, 2012, the Defendant established H Co., Ltd. (hereinafter “H”) and applied for the approval of the establishment plan at the time of three-party vessels in order to establish a ready-mixed factory in G.

B. On behalf of the Plaintiff, around December 2012, the Plaintiff’s husband D entered into a trade agreement with the Defendant (hereinafter “C”) on behalf of the Plaintiff to establish a joint venture business with the Defendant and to operate a joint venture business (hereinafter “instant trade agreement”).

C. On January 31, 2013, the Plaintiff and the Defendant: (a) held a general meeting of promoters to establish C in accordance with the instant trade agreement; (b) decided to assign the Plaintiff 6,000 shares to the Defendant; and (c) decided to appoint the Plaintiff as the representative director and the Defendant as the inside director.

In addition, according to the above resolution on February 4, 2013, C established for the purpose of ready-mixed manufacturing business (capital KRW 100 million), and among shares of KRW 10,000 per par value issued by C (hereinafter “instant shares”), shares of KRW 6,000 were allocated to the Plaintiff, and shares of KRW 4,000 to the Defendant.

On March 10, 2013, the Plaintiff invested KRW 100 million in C’s establishment fund, and the Defendant, under the Defendant’s name C, leased the land of KRW 2248 square meters prior to E in the East Sea owned by the Defendant’s father L, for ten years, and secured it as C’s land for factory.

E. On March 4, 2013, C applied for the approval of business start-up to the Dong Sea Mayor, and obtained the approval of business start-up business from the Dong Sea Mayor on March 22, 2013 as the type of business.

The defendant directly prepared and submitted the application for approval of the above business start-up project plan.

F. The Plaintiff and the Defendant drafted a “manufacturing Factory Partnership Agreement” related to the instant trade agreement (hereinafter “instant trade agreement”), and authenticated the said trade agreement as a notary public’s office MM office No. 575 on April 4, 2013.

Article 1 1 【Purpose” (A) “A” (hereinafter the same shall apply) provides financing and provide financing to the Defendant.

arrow