(영문) 서울중앙지방법원 2017.11.28 2016가합543896

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(영문) 서울중앙지방법원 2017.11.28 2016가합543896

주식양도청구 등

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1. The claim for the transfer of shares shall be dismissed in the lawsuit of this case.

2. The defendant is from the plaintiff 3,400.

Reasons

1. Basic facts

A. The Plaintiff is a main agent of “maldo-News Investment Project” (hereinafter “instant project”) for the purpose of civil engineering, construction, etc., and is a joint contractor for the promotion of the instant project, as a corporation with the aim of performing soil construction and reinforced concrete construction business.

B. The Korea Development Co., Ltd. constitutes a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) to carry out the instant project jointly with 13 companies, including the construction in South Young-gu, and entered into a joint promotion agreement around May 2009 (hereinafter “instant agreement”). The relevant provisions of the instant agreement are as follows.

Article 9 (Operating Committee) (1) The Operating Committee, as the highest decision-making body of the Project Association, shall have the authority to deliberate and decide on the following matters which are the basis of the operation of the Project Association:

(2) Composition

1. The operating committee shall consist of officers delegated by the representative director of member companies, and shall notify the representative company in writing;

3. The chairperson of the Operating Committee (hereinafter referred to as the “chairperson”) shall be the operating committee members of the representative company, and the chairperson of the working committee or the head of the working team shall be the executive secretary.

§ 13 (Withdrawal) (1) Members who join the Project Association shall not, in principle, withdraw until they achieve the objectives of the Project Association.

Provided, That where intending to withdraw inevitably, a member who wishes to withdraw shall submit an application for withdrawal under the name of the representative director to the chairperson of the Steering Committee, and obtain approval from the Steering Committee pursuant to Article 9 (1) 4.

At this time, the management of shares of the withdrawn member shall be determined by the Steering Committee, and if the representative company withdraws, the mortgagee of next interest shall succeed to the status of the representative company

Provided, That if the shares of the members of the next priority are equal, it shall be decided by the Steering Committee.

유사 판례

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