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(영문) 서울동부지방법원 2015.09.04 2015가단108506

매매대금

Text

1. Defendant D’s KRW 71,142,062 as well as 5% per annum from December 11, 2014 to February 13, 2014, respectively, to the Plaintiff.

Reasons

Basic Facts

E Co., Ltd. (hereinafter referred to as “E”) is a company with the purpose of leasing telecommunications equipment and telecommunications ancillary facilities, and operated six telecommunications relay stations (hereinafter referred to as “six relay stations”) in Gyeyang, Busan, Gyeongnam, Gyeongnam, Pohang-gun, Jeonnam-gun, and Youngcheon-si.

E received a loan from the Industrial Bank of Korea on May 24, 2002, and offered all of the steel towers, containers, and interior facilities (hereinafter “communication facilities”) for communications installed in six relay stations as security for transfer, and as E fails to repay the above loan, the Industrial Bank of Korea sold facilities to F Co., Ltd. (hereinafter “F”).

On February 28, 2005, three parties, such as G, the Plaintiff and the purchaser of the telecommunications facilities, entered into a business partnership agreement with the said three parties to jointly invest in kind and operate six relays (hereinafter “the first business partnership agreement”). The six relays are managed and operated by F, and the ratio of investment in kind shall be F, G, and the Plaintiff’s 50%:30%:20%, respectively, and the proceeds from the lease of six relays shall be paid by F and distributed to the Plaintiff and G at the said ratio (5:3:2).

G was granted a loan of KRW 370 million from the Korea Credit Guarantee Fund under Defendant D’s joint and several sureties in 2000. Since G was unable to pay KRW 216 million out of the above loans, G entered into an agreement on the transfer of partnership shares with the effect that Defendant D would transfer 30 million of the above loans to Defendant D, in return for Defendant D’s repayment of KRW 216 million of the above loans, G would transfer 30 million of the above loans to Defendant B, who is the wife of Defendant D.

With the consent of F and the Plaintiff on the transfer of shares in the partnership and the change of the union members (G withdrawal, joining Defendant B), the agreement was concluded between F, the Plaintiff, and the Defendant B on September 15, 2005, and the partnership agreement (hereinafter “second partnership agreement”) (hereinafter “the instant partnership”).