Text
1. Of the instant lawsuit, the part concerning the Plaintiff’s claim for share transfer and notification of transfer to Defendant B, C, D, E, F, and G.
Reasons
1. Basic facts
A. The pertinent Plaintiff is a stock company established for the purpose of manufacturing motor vehicle parts, and Defendant I (hereinafter “Defendant Company”) is a stock company established for the purpose of manufacturing motor vehicles and electronic parts.
Defendant H is the actual operator of the Plaintiff and the Defendant Company, and Defendant B is the wife of Defendant H, who was appointed as an internal director of the Defendant Company on November 18, 2014.
Meanwhile, Defendant B, C, D, E, F, and G (hereinafter “Defendant B, etc.”) are shareholders of the Defendant Company.
B. (1) On December 20, 2010, J acquired the Plaintiff’s right of management from Defendant H by acquiring convertible bonds equivalent to KRW 1,000,000 issued by the Plaintiff, together with Nonparty K on December 20, 2010.
J on December 28, 2010, assumed office as the representative director of the Plaintiff, and delegated Defendant H with the duties concerning the Plaintiff’s business and manufacture sector.
(2) On April 2012, J entered into an agreement with Defendant H with the following terms (hereinafter “instant agreement”); the Plaintiff’s obligation under the said agreement; and the Defendant Company (the representative director at that time) guaranteed Defendant H’s obligation under the said agreement.
Article 3 (Entrusted Management and Guarantee of Understanding)
2. The composition of the Plaintiff’s board of directors shall be determined at a general meeting of shareholders, and the representative director shall be in charge of J, and Defendant H shall be entrusted with and manage the Plaintiff as an entrusted manager following the delegation of management rights by J, and the term of office of Defendant H shall be at least three years after the conclusion of an agreement and shall follow a resolution
1) The scope of management rights delegated by J to Defendant H is limited to the business and manufacturing sector. The J shall exercise overall control over the fund and management sector, and shall have the power to delegate and audit the management right of Defendant H to the management right of Defendant H, and personnel rights of executives and employees. 3) Of the shares issued as of the Defendant Company, Defendant D owned 36,50 shares, 5,685 shares owned by KoreaF&I, 5,089 shares owned by Korea Credit Guarantee Fund, and 5,089 shares owned by Defendant H without compensation, under the responsibility of Defendant H.