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(영문) 청주지방법원 충주지원 2018.05.31 2017가합5556
회사에 관한 소송
Text

1. The Defendant does not have each resolution listed in the separate sheet, which was made at a temporary general meeting of shareholders on August 6, 2017.

Reasons

1. Basic facts

A. The Defendant was established around November 20, 2015 as a company with the purpose of waste disposal business, etc., other than designated companies. At that time, the total number of the Defendant’s shares issued was 5,000 shares (10,000 won per face value, total of 50,000,000 won per share).

Since then, the Defendant increased capital of KRW 450,00,000 on March 2016, and thereafter, owned KRW 2,500 each of D and E in the statement on the situation of changes in stocks, etc. of the Defendant reported to the Chungcheong Tax Office at that time, but entered D and Plaintiff A as a shareholder holding each 25,000 shares in accordance with capital increase and capital transfer.

B. Loan agreements, etc. between the Defendant, D, F, Plaintiff A, and H are set forth in 1) Defendant, D, F, Plaintiff A, and G (hereinafter “Plaintiff A, etc.”).

B) As between H on June 3, 2016, the following agreements are concluded between H and H on July 29, 2016, stipulating that KRW 200,000 from H due date for repayment shall be as follows (hereinafter “instant loan agreement”).

A) The “H” and “B (Plaintiff A, etc.)” agree as follows. Article 2 (Security of “B” and “B, etc. as security for the performance of the obligations under this Agreement) (1) “B” establish a provisional registration immediately after the conclusion of this Agreement with respect to the size of 2,188 square meters and the above J-Y 2,251 square meters. “B” are immediately cancelled when a loan on the above-mentioned and the above-mentioned land-based building and machinery and equipment was executed on the 4th parcel outside Jin-gun, Jin-gun, and the 15th and L. ② When the implementation of this Agreement is delayed, “B” shall be deemed to have transferred the Plaintiff’s shares (50% of the Defendant Company’s shares) out of the Defendant Company’s shares to “A” (in this case, “B” may exercise all rights as a shareholder (in this case, “B” may exercise all rights as a shareholder”).

The “B” shall delegate the above authority to notify the transfer to “A”, and the said company shall immediately implement the procedure for transferring shares.

3. Where the obligation under this Agreement is completed, the procedure that has been implemented pursuant to paragraphs (1) and (2) above shall be cancelled, transferred shares, changed of holders, etc.

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