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(영문) 수원지방법원 2017.04.04 2015가단103346

구상금

Text

1. The plaintiff

A. Defendant B’s KRW 53,300,000 as well as 5% per annum from February 2, 2012 to March 3, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants, as shareholders of D Co., Ltd. (hereinafter “D”), held 20,400 shares (34%) among D’s shares of 60,00 shares, E, 6,00 shares (10%), F, 3,00 shares (5%), Defendant B, 24,60 shares (41%), Defendant C, 3,000 shares (5%), and G, 3,000 shares (5%).

B. The shareholders of D, including the Plaintiff and the Defendants, transferred all D’s shares held by 5 persons, including H, around October 6, 2009.

(hereinafter “Transfer of this case’s shares”). C.

At the time of the transfer of the instant shares, Article 6(2) of the “Agreement on the Acquisition of Stocks by Transfer” provides that “If a debt occurs to an accountant (corporation) designated by the transferee at the time of an accounting inspection among all kinds of debt (e.g., debt and all other debt incurred after the transfer of stocks), the transferee shall be deemed not liable for all the debt, and all the civil and criminal matters pertaining thereto shall be jointly and severally liable for all the transferor.”

(hereinafter referred to as “the instant arrangement”). D.

However, after the transfer of the instant shares, the Space Industry Development Co., Ltd. (hereinafter “space Industry Development”) filed a lawsuit against D on the claim for a loan (Seoul Southern District Court 2010 Gohap10369), and the cause of the claim was leased KRW 300,00,000 to D during the period from April 2, 2005 to July 18, 2005, and it did not receive KRW 150,000,000 among them, and thereafter, D paid KRW 157,006,848, and KRW 3,223,296, and KRW 160,230,3444.

E. Since then, the transferee of the instant shares, including H, filed a lawsuit against the Plaintiff and the transferor, including the Defendants, to pay the money that was paid for the development of the space industry pursuant to the instant agreement and the Suwon District Court 201Gahap6956, Jun. 6, 2095.