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(영문) 전주지방법원남원지원 2020.08.12 2019가단10959

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is a notarial deed of a monetary loan agreement No. 171 of C2017.

Reasons

1. Basic facts

A. The Plaintiff is a limited company established for the purpose of alcoholic beverage sales business.

B. D and E entered into a share acquisition agreement with F and F to sell a total of 51% of the Plaintiff’s respective shares to F and F on December 27, 2010.

According to the above contract, F paid the purchase price of KRW 120 million to D, etc. and repaid the total of KRW 582,312,974 (creditor D, G, etc.) arranged for the Plaintiff’s loan until August 31, 2011, and D, etc. agreed to repay KRW 120 million from the above loan when payment of KRW 120 million was made.

(B) The Plaintiff’s actual right holder with respect to the seller’s share in the Plaintiff’s list of members was D-type G and E’s father, and F changed the Plaintiff’s right to share purchased on the Plaintiff’s list of members under the name of I after the said contract.

F Around that time, F paid KRW 120,000,000 under the instant contract to G, etc., but did not pay the remainder of the loan ( KRW 462,312,974).

D filed a lawsuit against I on June 5, 2012 against the Plaintiff seeking the transfer of the Plaintiff’s shares on the ground that the contract of this case was rescinded.

(Initial Gwangju District Court 2012Kadan31265, however, this Court was transferred to this Court 2012Kadan2882, and this Court was proceeding to this Court 2012Gahap370 following the decision of financial agreement.

During the lawsuit pending, G entered into a sales contract with I on December 6, 2012 and I on December 6, 2012 to purchase 51% of the Plaintiff’s share in the purchase price of KRW 135 million in the name of J.

(hereinafter “instant contract 2”). G paid 20 million won to I as the down payment on the date of the said contract, and 50 million won as the intermediate payment on December 14, 2012. According to the said contract, G withdrawn a lawsuit claiming for the transfer of employee shares on January 16, 2013 pursuant to the said contract.

I resigned on December 12, 2012 from the Plaintiff joint representative director, director, and D alone on the same day.