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(영문) 수원지방법원 2019.01.18 2018나65927

배당이의

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The Plaintiff sold food materials to D Co., Ltd. (hereinafter “D”) from January 2, 2017 to March 22, 2017, but failed to receive KRW 68,700,600 out of the price of the said goods from D (hereinafter “the price of the instant goods”).

(A) The Plaintiff Company G (hereinafter “G”) entered into an investment contract (hereinafter “instant investment contract”) with D and H (D representative director) on October 18, 2013, stating that “G acquires 20,000 new shares issued in KRW 300 million (hereinafter “instant new shares”)” (hereinafter “instant investment contract”).

(B) (No. 4) The said investment contract includes a repurchase right (hereinafter “instant repurchase right”) with the purport that “G has the right to compel D to purchase the instant new shares in an amount equivalent to the investment principal and interest of 6% per annum after three years from the date of investment.”

G on November 20, 2013, the investment amount of KRW 300 million as stipulated in the instant investment contract was paid to D (Evidence 5) and issued 20,000 new shares of this case from D.

On July 10, 2014, G transferred 10,000 shares of the said new shares to the Defendants. In the process, G and the Defendants, D, and H agreed to the effect that “G transfer the rights and obligations under the instant investment contract with respect to D and H” to the Defendants.

(B) On November 20, 2016, the Defendants exercised the instant repurchase right, and on February 21, 2017, filed an application with the Incheon District Court for a payment order of KRW 354,00,000,000 in total, including the investment amount of KRW 150,000,000 and the interest, etc., with the Incheon District Court as KRW 150,50,000,000, and at the same time, filed an application for a provisional attachment of KRW 10,000,000 among the claims for the payment of the goods to D Co., Ltd. as KRW 10,10658, respectively, and KRW 50,000,000 and KRW 27,000 in each of the claims against D Co., Ltd. (hereinafter “F”), among the claims for the payment of goods to D Co., Ltd., Ltd., and filed an application for provisional attachment of KRW 16,317