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(영문) 서울중앙지방법원 2014.09.25 2013가합522980

대여금지급청구

Text

1. Defendant D Co., Ltd. receives KRW 14,00,000 from Plaintiff C at the same time.

Reasons

1. Basic facts

A. Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company that operated “J casino” (hereinafter “instant casino”) located in the I hotel located in Seopopopo City H, and K Co., Ltd. (hereinafter “K”) owns all 30,000 shares (10,000 shares per share) issued by Defendant E.

B. On December 15, 2010, L entered into a contract for the transfer and takeover of all the shares of Defendant E, the business license of the instant casino, and the assets in the casino’s place of business to be entirely transferred to 14.6 billion won. Of the transfer price, L made a payment of KRW 1. billion as contract deposit on the date of the contract, and KRW 1.3 billion as contract deposit and intermediate payment until December 24, 2010, respectively. ② The balance of KRW 12.3 billion shall be paid by January 15, 201, and L shall be paid by the transfer contract of the said shares, and all the documents necessary for receiving the transfer of the business of the instant casino from K, including the resignation of the representative director and auditor of Defendant E, and payment shall be made in cases where it is deemed that there is no obstacle to the change in the corporate register of Defendant E.

C. L paid 1 billion won as the contract amount on December 15, 2010, which is the date of the contract under the above corporate transfer and takeover contract, to K, and paid 700 million won as part of the intermediate payment on December 25, 2010. Around that time, L received a proposal to deliver the instant casino and deliver the corporate seal of Defendant E to K on January 5, 201.

After that, L took over the instant casino from K on January 15, 201, and the corporate sense of Defendant E, etc. on the same day, as M and Defendant E entered into a delegation contract for a specialized operator (hereinafter “instant delegation contract”), which includes the following contents, M from January 15, 201 to January 15, 201, Defendant E delegates management to improve the company’s management and maximize its profits.