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(영문) 서울고등법원 2019.02.01 2017나2072059
배당이의
Text

1. The Plaintiff’s appeal against Defendant B, E, and F, and Defendant C, D, G, H, and I.

Reasons

1. Basic facts

A. The Plaintiff, L, and M 1) L Co., Ltd. (the representative director: N; hereinafter “L”), and for a stock company, the entry of “stock company” is omitted.

) Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Metropolitan City”) shall:

)O private investment facility projects implemented by it (hereinafter referred to as “instant projects”);

(2) On April 28, 2010, the Plaintiff lent KRW 100,000,000 to L with M incorporation funds.

The plaintiff, upon establishment of M and acquisition of business rights from Seoul Metropolitan Government, agreed to receive the loan by means of transfer of L's shares.

3) On November 17, 2010, M means the concession agreement between Seoul and the instant project (hereinafter “instant concession agreement”) with the Seoul Special Metropolitan City on November 17, 2010

(4) Around December 2010, the Plaintiff acquired M& Shares of KRW 20,000 ( KRW 100,000 ± Par value of KRW 5,000) equivalent to the above loan 10,000,000.

Since then, the plaintiff invested 500,000,000 won in M with L's request and received 100,000 shares of M.

On September 30, 201, the Plaintiff transferred KRW 500,000,00 to the existing shareholders P as designated by L, and acquired KRW 100,000 of the M shares owned by P around October 201.

(b) Conclusion of an agreement on return of investment money and a contract on stock acquisition;

1. M is a special purpose corporation established to carry out the instant business, and L is a management investor and a largest shareholder of M. The Plaintiff is an investor who has subscribed to the instant shares (120,000 shares, par value of 5,000 won, total value of 600,000,000 won) in order to support the instant business and invested shares.

2. M undertakes that at the time of the Plaintiff’s request, M will be responsible for and purchased at KRW 5,000 per share (total of KRW 600,000) the entire shares it acquired at that time.

3. The plaintiff shall make a written request to M to purchase the shares above, and M shall receive the above written request from the plaintiff.

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