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(영문) 의정부지방법원 2019.01.09 2016가단127688

회사에 관한 소송

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 27, 2015, Defendant B Co., Ltd. (hereinafter “Defendant C”) entered into a sales contract with D Co., Ltd. (hereinafter “D”) for KRW 21 billion (including value-added tax, KRW 23.1 billion, KRW 2.1 billion on the date of the contract for the down payment (including value-added tax, KRW 2.3 billion), KRW 2.1 billion on the date of the contract for the down payment (including value-added tax), KRW 2.1 billion on December 16, 2015, KRW 2.31 billion (including value-added tax, KRW 2.31 billion), KRW 4.2 billion on December 23, 2015 (including value-added tax), KRW 2.6 billion on the lease deposit (including value-added tax), KRW 4.6 billion on December 23, 2015, KRW 6.6 billion on the lease deposit (including value-added tax), KRW 2.6 billion on the second intermediate payment).

On January 20, 2016, Defendant Company and D agreed to change the payment date of the second intermediate payment and the balance to February 12, 2016, respectively.

B. On November 27, 2015, the Defendants borrowed a down payment of KRW 100 million from the Plaintiff, and KRW 350 million from the intermediate payment of KRW 250 million on December 23, 2015. On November 30, 2015, the Plaintiff entered into a share acquisition agreement with respect to the shares listed in the separate sheet owned by H and H (hereinafter “instant shares”). The Plaintiff entered into a share transfer agreement with respect to the shares listed in the separate sheet owned by H and H (hereinafter “instant shares”), and completed the transfer procedure in the name of the Plaintiff.

C. On November 27, 2015, the Defendants: (a) concluded an agreement with I to borrow KRW 2.130 million from I; (b) concluded between I and the Defendants to pay 50% of the principal under the pretext of principal and interest until June 2, 2016; (c) borrowed KRW 1.3 billion from I on November 27, 2015; and (d) borrowed KRW 830 million on December 2, 2015 from I on its security to I on December 27, 2015; and (b) concluded an agreement with J and K on December 14, 2015 with regard to the sale and purchase of the instant commercial building.

3.