beta
(영문) 서울동부지방법원 2017.01.13 2016가합100216

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) is fully paid KRW 400,000,000 to the Defendant (Counterclaim Plaintiff) and its payment from October 12, 2016.

Reasons

1. Basic facts

A. On May 6, 2015, the Plaintiff, C, D, E, F, G, H, and I (hereinafter “Plaintiff, etc.”) and the Defendant agreed as follows (hereinafter “instant agreement”).

(1) This agreement shall be paid by the Defendant in return for two directors (K, L) and debt settlement to J Co., Ltd. (hereinafter referred to as the “Agreement”).

Article 2 (Details and Method of Payment to be Paid by the Plaintiff, etc. to the Defendant) The following amount shall be paid to the Defendant on the date of cancellation of each order of protection, including the Plaintiff:

A corporation or J may pay each of the following ordinary shares issued and held by the plaintiff et al. to the defendant as the shares, and the defendant shall be paid as the shares on the day of termination of the honorable custody by calculating the closing price on the day of termination of the honorable custody of each of the plaintiffs et al.

C 400,000,000 KRW D 400,000 KRW 400,000 KRW 360,000 E 35,000,000,000 KRW 360,000 KRW 124,00,000 KRW H 235,000,000 KRW 124,000,000

B. The shares of J Co., Ltd. (hereinafter “J”) owned by the Plaintiff were released on October 6, 2015 from its protection deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness D's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. 1) The plaintiff's assertion 1) The actual operator of the defendant's assertion 2 of the agreement of this case, E, who is the actual operator of the defendant, means that he does not withdraw from K or L without the payment of the amount under Article 2 of the agreement of this case, so his management right does not go beyond C. Thus, the plaintiff's expression of intent of this case should be revoked by the declaration of intent by coercion. Thus, the plaintiff's expression of intent should not be revoked by the plaintiff's expression of intent by coercion.