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(영문) 의정부지방법원 2019.08.14 2018가합59328

매매대금

Text

1. The instant lawsuit against the Plaintiff B was concluded on March 8, 2019 as the withdrawal of the lawsuit.

2. Defendant C is the Plaintiff.

Reasons

1. Facts of recognition;

A. The Party E Co., Ltd. (hereinafter “Nonindicted Company”) is a company engaging in the amount of money business. At the time of the lower sales contract, the representative director was the Plaintiff at the time of the sales contract, and 20,000 shares among the 76,154 shares of the Nonparty Company, Plaintiff A, and Plaintiff B (the father of Plaintiff A) held the remainder of 56,154 shares.

B. On April 16, 2018, Nonparty Co., Ltd. (hereinafter “instant farm”) included a 10,960 square meters of land owned by Nonparty Co., Ltd. and a 1,419.5 square meters of land owned by Nonparty Co., Ltd. (hereinafter “instant farm”) and pigs including 15, 540 square meters of land owned by Nonparty Co., Ltd, and 8,000 square meters of land owned by Nonparty Co., Ltd, and 1,419.5 square meters of ratification, and pigs (hereinafter “instant farm”).

(2) The sales contract to sell for KRW 1.83 billion (hereinafter “instant sales contract”)

(2) According to the sales contract of this case, the non-party company received KRW 200 million from Defendant C on the date of contract, and the non-party company received KRW 200 million from Defendant C on the date of contract, and KRW 310 million of loans to G Association and H Co., Ltd. (hereinafter “H”).

(2) On April 16, 2018, Defendant C succeeded to the debt amounting to KRW 900 million, and the remainder KRW 420 million was paid from Defendant C on May 20, 2018, but the non-party C agreed to be paid after completing the construction completion of the building in which the non-party Company was not registered. (2) Defendant C paid the down payment amount of KRW 200 million to the non-party Company under the instant sales contract.

C. On April 27, 2018, the representative director and shareholders change 1) of the non-party company Gap resigned from office as the representative director of the non-party company, and the defendant C assumed office as the representative director of the non-party company, and the above resignation and registration was completed on the corporate register on the same day. 2) The plaintiff transferred 20,00 shares of the non-party company to the defendant C on May 24, 2018, and the plaintiff Eul transferred 16,154 shares of the non-party company to the defendant C, and 40,00 shares of the non-party company to the defendant D on June 14, 2018.