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(영문) 대전지방법원 2015.04.22 2013가합7527

청구이의

Text

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

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

Reasons

Basic Facts

H was a person who had worked as vice president at I Co., Ltd., the business purpose of which is to operate the cosmetics sales business, and established and operated J on October 7, 2009 (hereinafter “Plaintiff Co., Ltd.”).

The Defendants paid a certain amount of money to H during the process of the establishment of the Plaintiff Company between September 2009 and October 2009 as those who sold cosmetics in I Company, and thereafter acquired the Plaintiff Company’s shares.

The detailed details are as follows:

Defendant C D’s 30,000,000 60,000,000 90,000,0000 10,000,0000 10,0000 10,000,000 10,000,000 20,0000,000 40,0000 40,000 40,000 40,000 600,000 40,000 40,000 60,000 60,000 40,00 60,00 1,20,00 60,00 1,20,00 120,00

On August 24, 2012, between the Plaintiffs and the Defendants, each notarial deed (hereinafter “each notarial deed of this case”) written in [Attachment 1] stating that “(1) the Plaintiff Company approves the Defendants that there is a debt equivalent to the above amount that the Defendants paid to H, and (2) the said debt is repaid in installments on two occasions on February 24, 2013, and August 24, 2013, and (3) the Plaintiff is jointly and severally liable for the Plaintiff Company’s debt, and (4) the Plaintiff is jointly and severally liable for compulsory execution if the Plaintiffs failed to perform the said debt, even if it was immediately subject to compulsory execution.”

The Plaintiffs paid the following money to the Defendants on February 23, 2013 and March 2, 2013, which was after the preparation of each of the instant notarial deeds.

On the date of payment, Defendant C D’s Defendant D’s Defendant D’s total sum of Defendant D’s Defendant D’s total sum 9,000,000 15,000,000 - 5,000,000,000 5,000,000 on March 2, 2013 / [30,000,000 7,000,000 - 15,000,000 on March 2, 2013 - 22,6,000,000 - total of 26,000,000,000 for 22,26,000,000,005,0005,000,0005,000,000,00 of the Plaintiffs’ money / [the Plaintiffs’ money] Defendant C’s payment to Defendant D’s 2013.