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(영문) 창원지방법원 2018.11.08 2017가합55612
회사해산
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a company established for the purpose of manufacturing and maintaining electronic observers and Alphical and Alphical testing systems in Korea, and the Plaintiff is a shareholder holding 8,000 shares of 40,000 shares issued by the Defendant (20% shares).

B. On September 28, 2009, the Plaintiff, C, D, and France: (a) entered into a shareholders agreement to establish the Defendant, a joint venture company (hereinafter “instant shareholders agreement”); and (b) established the Defendant in accordance with the said agreement.

The main contents of the Agreement on Stockholders are as follows.

In the event that this Convention is drawn up and delivered as legitimate authority by the other Parties, this Convention may be legally binding and effective and binding upon the parties in accordance with its provisions.

except where the compulsory power may be restricted by bankruptcy, debt excess, restructuring, insolvency, or other similar laws that generally affect the creditors' rights.

4.4.The Articles of Incorporation. (art.) The Articles of Incorporation may be amended at the time of a general meeting of shareholders in accordance with the procedures laid down in this Convention. If any disagreement is found between this Convention and the Articles of Incorporation, the provisions of this Convention shall prevail, and the Parties shall amend the Articles of Incorporation to conform to this Convention

4.6 Incorporations and the total capitals. The Parties hereby establish a company as soon as possible after the effective date.

The parties at the time of incorporation shall own the shares issued at the following rates:

Pursuant to Article 4,800 C 9% C 4,000, Plaintiffs 4,000 20% E 10,200% 51% 5,200 shares 5.2.1, if a shareholder (hereinafter referred to as “stock transferor”) intends to transfer all his/her shares to a third party, the stock transferor shall notify the transferee at least 30 days prior to the transfer to the third party and give the third party good faith.

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