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Reasons
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(영문) 대전지방법원공주지원 2016.03.31 2015가단20840
제3자이의
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1. The Defendant’s official residence support of Daejeon District Court 2014Kadan2095 against Non-Party C Co., Ltd.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) held the total number of issued and outstanding shares for the purpose of distributing, processing, selling, etc. agricultural products and forestry products as KRW 70,00,000, the capital amount of KRW 350,000, and D as of October 7, 2013 (47.72%) and the Defendant owned KRW 4,690 (6.7%).

D is the only internal director of the instant company.

B. D around August 7, 2014, around August 7, 2014, sent a notice of convening a general meeting of shareholders as follows to the Defendant, Habbox Co., Ltd., and E, a shareholder of the instant company:

1. Date: At 10 o'clock on August 16, 2014 ( Saturdays);

2. Place: A office in the F of the Cheongyang-gun, Chungcheongnam-gun;

3. The agenda of meetings;

(a) Matters to be reported: Operation report and consultation on countermeasures of the current agricultural company C;

(b) A bill referred to in subparagraph 1 of this Article: A bill referred to in subparagraph 2 that shall be made at the time of maintaining a farming house at the time of paying the unpaid expenses and retirement expenses incurred in relation to the maintenance of a farming house: A bill referred to in subparagraph 4 that shall be made for repayment of personal loans and payment of interest, such as G, H, I, and J: Other measures for normalization of management.

C. Around 10:00 on August 16, 2014, D held a general meeting of shareholders (hereinafter “instant general meeting of shareholders”) as to D’s demand for reimbursement of KRW 112,200,000 for the instant company, which was the spouse of D at the said general meeting of shareholders, around August 16, 2014. A resolution was made to approve the following matters.

It shall sell four remaining five dongs for the present agricultural company C (State) to H, and shall repay part of the H's bonds.

(b) Sales proceeds amounting to 60,000,000 won for a farmer (15,000,000 won for a farmer) and the remainder of 52,200,000 won are stated as “52,200,000 won” but it appears to be a clerical error in the “52,00,000 won”.

in 2014, taking into account the difficult circumstances of C(State).

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