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(영문) 서울고등법원 2018.02.01 2017나2046302

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

C. From November 28, 2013, the Plaintiff was appointed as the representative director of the Defendant Company on July 9, 2014, and on the same day, the Plaintiff was appointed as the representative director of the Defendant Company. Thereafter, the Plaintiff resigned from the representative director on February 27, 2015, and C again assumed office as the representative director on the same day. C. Pursuant to the instant business agreement, the Plaintiff acquired all the Plaintiff’s shares while operating the Defendant Company as well as the Plaintiff under the instant business agreement, thereby solely operating the Defendant Company, and on May 21, 2015, the agreement concluded with the Plaintiff on the transfer of shares and the transfer of management rights (hereinafter referred to as “instant transfer agreement”).

1) The shares of the Defendant Company are as follows. ① The shares of the Defendant Company are subject to the acquisition of the shares of the Plaintiff. ① The shares of the Defendant Company: 80,000 common shares owned by the Plaintiff (the face value of KRW 10,000) * The shares of the Plaintiff shall be transferred under the Plaintiff’s responsibility for acquisition. Article 2 (Conditions of Acquisition) ① The Plaintiff shall transfer all shares of the Plaintiff (the Plaintiff and I’s shares) and the management rights of the Defendant Company to C under the Plaintiff’s responsibility with the entire shares of the Defendant Company (the total amount of KRW 100,000) as of the date of the conclusion of the contract, and the obligation as shown in Appendix 1 as of the date of the contract, among the unpaid obligations of the Defendant Company as of the date of the conclusion of the contract, shall be confirmed to be the obligation of the Defendant Company as the remaining obligation of the Defendant Company, and the Plaintiff shall transfer the shares to the Defendant Company by 30,000,000 won as of the date of the contract.

(3) The plaintiff's completion of acts under paragraph (2).