(영문) 대구지방법원 2018.12.21 2017가합207370

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(영문) 대구지방법원 2018.12.21 2017가합207370

주주총회 결의 부존재 확인

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1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a stock company with the purpose of construction business.

B. The Defendant’s list of shareholders prepared around February 20, 2017 is as follows.

KV 95,500 WX 95,500 shares held in the class of shares held by stockholders’ resident registration number, and the Plaintiff AY 95,500 Plaintiff B 68,760 shares 〃 68,760 AB 26,740 shares in the number of shares held by stockholders’ resident registration number.

C. On February 23, 2017, K and M transfer contract (hereinafter “instant share transfer contract”) with the content that K transfers 382,000 shares to M on February 23, 2017.

The instant share transfer agreement was concluded. The main contents of the instant share transfer agreement are as follows. The instant share transfer agreement was concluded on February 23, 2017 between K and two other parties, the Defendant’s substantial largest shareholder. The purpose of this agreement is to determine all matters related to the acquisition of registered common shares 382,000 shares owned by K from K from K by a person designated by M orM, and M to the implementation of capital increase (2 billion won) for the Defendant’s financial sound call. Article 2 (Transfer of Stocks) of the Defendant’s common shares owned by K is 382,00 shares (hereinafter “transfer shares”).

The transfer price of the transferred stocks shall be KRW 1,910,00,000 per share with the transfer price of KRW 5,000 per share under the terms and conditions of this contract, and M shall be transferred to M in accordance with the terms and conditions of this contract. The transfer price shall be KRW 1,910,000 per share with the transfer price of KRW 5,00,00, and the transfer price shall be used by a person designated by M or M in M in return for the Defendant’s capital increase. Article 5 (Conditions for Payment of Transfer Price) M shall be the completion of the obligation to pay the transfer price by holding K with the transfer price of Article 4 at the same time as the contract is entered into. However, for the Defendant’s urgent financial stability, M shall be preferentially lent to the Defendant by the person designated by M or M in M in return for the transfer price of KRW 2

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