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(영문) 서울북부지방법원 2016.06.09 2014가합929
주주권확인 등
Text

1. Each of the primary claims in this case and the conjunctive claims against Defendant ELLC shall be dismissed.

2...

Reasons

1. Basic facts

A. The relevant Plaintiff A served as the representative director of F Co., Ltd., Ltd. (hereinafter “F”), and held 70% of F’s shares.

Plaintiff

B as an infant of Plaintiff A, the Plaintiff owned 30% of F’s shares.

B. Around July 2002, the head of the People’s Republic of China (hereinafter “China”) established Defendant D D’s Republic of China (hereinafter “China”), and Defendant D’s entire shares were owned by Defendant D’s Republic of Korea.

(2) In Defendant D, Plaintiff A worked as the Dong President and the Senior Dong-ri, Plaintiff B as Dong-ri, and Defendant C as the head of the headquarters.

(3) Around January 2007, Defendant D established G Limited Corporation (hereinafter “G Corporation”) at the Northbuk-si, China.

C. The establishment of Defendant E Limited Company (hereinafter “Defendant E”) and the acquisition of the business assets of G Corporation (1) have deteriorated around October 2007, thereby promoting a merger with the U.S. H.A. In order to maintain the management right for G Corporation, Plaintiff A established Defendant E, a separate corporation at the port of China, and ordered Defendant C to take over all the business and assets of G Corporation.

(2) Defendant E was established on May 29, 2008, and 75% shares were owned by Plaintiff B, and the remaining 25% shares were owned by Defendant C, and Defendant C, which was the general secretary and vice-director of F, as the president, Defendant C, as the Plaintiff B, and the Plaintiff B.

(3) On May 30, 2008, Defendant D sold to Defendant E all the business and assets of G Corporation including real estate listed in attached Table 1 (hereinafter “instant real estate”), within 3,200,000.

(4) On June 13, 2008, Plaintiff A deposited USD 299,940 (Korean Won 307,000,000) in Defendant C’s account. Defendant C on June 16, 2008, 80,700 out of USD 29,940, which was paid by Plaintiff A to Defendant E, was under the Plaintiff’s name, and KRW 212,50,00 under the Plaintiff’s name.

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