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(영문) 제주지방법원 2015.10.13 2015가단50933

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the representative director of C and D (hereinafter “D”).

A) As the wife of E, the actual operator of E, D’s representative director and shareholder, E is registered as D’s director. 2) The Defendant is registered as F’s formal representative director, who is in a de facto marital relationship with G that substantially operates F(hereinafter “F”).

B. On December 30, 2013, “E” entered into a contract under the name of the Plaintiff, “E”, and “E” (hereinafter referred to as “instant share transfer contract”) under the name of the Defendant to transfer 120 million won of the D’s shares and management rights with substantial management rights.

C. On December 30, 2013, pursuant to the instant share transfer contract, a specific share transfer agreement was formulated for each transfer of 24,000 shares owned by the Plaintiff’s name, E’s 24,00 shares owned by the Plaintiff, H’s 6,00 shares owned by the H, and 6,00 shares owned by the I’s 6,00 shares respectively.

E under the Plaintiff’s name, on December 31, 2013, when the K Building 301 (hereinafter “instant building”) located in the JJ in the Jeju city of the new construction of F with respect to KRW 120 million among the transfer price of the instant shares in the name of F, G transferred the instant building to the Plaintiff or the Plaintiff-designated corporation, and as the value of the instant building exceeds KRW 120 million, the Plaintiff agreed to pay a loan of KRW 40 million to the Plaintiff for KRW 40 million (hereinafter “Agreement on Payment in Kind, etc.”) and on the same day, the Plaintiff agreed to pay a loan of KRW 120 million to the Plaintiff or the Plaintiff-registered corporation designated by the Plaintiff (hereinafter “instant agreement on Payment in Kind, etc.”). On the same day, the registration of each resignation was completed by the Plaintiff, the Plaintiff, I, directors, Plaintiff, the Plaintiff, and H, and the registration of the Plaintiff’s director and the Defendant, the representative director, and the auditor was completed due to a new officer.

E. On January 17, 2014, Nonparty N obtained a decision of provisional seizure against real estate on the instant building on January 17, 201, and completed a provisional seizure registration on January 20, 2014, regarding the instant building.