beta
(영문) 의정부지방법원고양지원 2015.11.04 2015가합70969

청구이의

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 19, 201, Plaintiff A accepted “E” between the Defendant’s husband D, and the Defendant’s husband D’s “E” at KRW 3.5 billion. The acquisition price payment method shall be paid KRW 350 million on the date of the contract. ② The intermediate payment of KRW 2.65 million on the date of the contract; ② the intermediate payment of KRW 2.00 million is replaced by the underwriting of loans from D; KRW 650 million is paid on October 24, 201 (the KRW 100 million is paid to the certified public accountantF who arranged for the transfer/acquisition agreement); ③ the remainder of KRW 50 million on October 19, 201; and KRW 200 million on the remainder of KRW 50 million is to be paid on October 19, 201; and each method of business transfer is to be paid on the basis of the agreement to transfer stocks to Plaintiff A at 01% on the date of the establishment of the corporation; and the remaining transfer of stocks at 10.4% on the date of the establishment.

B. On December 21, 2011, D established a company E (hereinafter “instant company”) by investing in kind real estate owned by “E” and transferring 40% of the shares of the instant company to Plaintiff A. Plaintiff A paid to D the remainder of the acquisition price, excluding the remainder of 300 million won on October 19, 2013.

C. On October 19, 2013, Plaintiff A and D agreed to pay KRW 20 million after deducting the remainder of KRW 280 million from the purchase price of goods held by the instant company D with respect to Company G, the representative director, and the remainder of KRW 280 million. For such payment, the Plaintiff B and the Defendant, who is an employee of the Plaintiff and the Plaintiff B and the Defendant, a notary public, drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) as described below, on October 18, 2013, as follows, on October 349, 2013.

Article 1 (Loan and Lending of Money) The Defendant lent KRW 280 million to the Plaintiff on October 18, 2013, and the Plaintiff A received and borrowed this.

Article 2 (Deadline for Performance) Until October 7, 2018.