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(영문) 부산지방법원 2017.02.09 2016가합41589

손해배상(기)

Text

1. On June 26, 2015, the Plaintiff (Counterclaim Defendant) jointly owned KRW 150,000,000 to the Defendant (Counterclaim Plaintiff) C and its related amount.

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. On March 27, 2015, Defendant C entered into a contract with the Plaintiff for the transfer of 4,500 equity shares of the instant company to KRW 700 million (hereinafter the instant contract for the transfer of equity shares) on behalf of Defendant D and E (hereinafter the instant company) as follows. Defendant C is the actual transferor, and the Plaintiff B is the actual transferee and the said party to the said contract.

The equity of paragraph 1 and the reorganization of assets (Evidence A 2 and A 1-1)

1. 4,500 shares out of the total of 5,00 shares shall be authorised and shall be determined after consultation with G (500 shares);

D. Amounting KRW 200,000,000 on March 27, 2015, KRW 500,000 on March 27, 2015, 200 on April 20, 2015

2. The consultation amount on company assets and shares of one bank (H land and property collateral mortgage), KRW 200,000,000,000 for 150,000,000,000,000 for Gyeongnam Bank (Defendant C joint and Several sureties) for the limited partnership company I of the instant company " KRW 300,000,000 for 50,000,000 for loans to limited partnership I of the instant company;

3. Change of bank loans, loans, and consultation on repayment of lease deposit prior to the appointment of representative director;

d. The settlement of the company's assets shall be conducted in consultation with G and J after this contract, and the defendant C waives all the rights and obligations of the company of this case after the completion of the contract, and all liabilities and obligations shall be extinguished (the dismissal of the representative director and the registration of appointment shares shall be completed after the balance settlement is completed).

B. 1) On May 4, 2015, the Plaintiffs and the Defendants delayed the payment period of KRW 500 million for the remainder of the transfer agreement of this case as of June 25, 2015. - The credit payment amount of the company as of April 30, 2015: 248,270,703 - the loan amount of KRW 280,000,000 - the loan amount of KRW 100,00,000 - the loan amount of KRW 145,00,000 - the balance of the loan (as of April 30, 2015: 861,281,66 won;