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(영문) 수원지방법원 2017.12.08 2016가합78178

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (hereinafter “C”) is a corporation established for the purpose of producing and selling sand position panels and building materials, etc., and the E Co., Ltd. (hereinafter “E”) is a corporation established for the purpose of carrying out manufacturing business of plastic machinery, automation equipment, etc.; and the Defendant is a corporation established for the purpose of carrying out civil engineering and construction business.

B. At the time of August 23, 2012, the Plaintiff owned 10,00 shares, all outstanding shares of C, and was one shareholder of C, and E’s representative director was also serving.

C. Around August 2012, 2012, F decided to manage C with G, specifically G as the representative director of G, and F was to become a major shareholder of C and to raise funds.

Accordingly, on August 23, 2012, F entered into a contract with the Plaintiff on the acquisition of management rights of this case: F calculated C/C shares owned by the Plaintiff as KRW 15,000 per share and acquired KRW 150,000 per share (=10,000 per share 】 15,000 per share); and C/C entered into a contract with the acquisition of inventory assets, etc. held by E at the time (hereinafter “instant acquisition of management rights of this case”); and the main contents of the instant acquisition contract are as follows.

On the other hand, the Plaintiff signed and sealed the management right at the bottom of this case’s acquisition contract as “seller’s representative,” and F signed and sealed it as “Buyer’s representative,” and the Defendant signed and sealed it as “Buyer’s joint and several sureties.”

Agreement on Acquisition of Management Right in this case

1. C’s stock transfer price shall be 15,000 won per share;

(10,000 note 】 15,000 = 150,000,000

2. The time of transfer shall be the end of the month the national bank loans are implemented in accordance with the guarantee of the Korea Technology Finance Corporation.

C A gold of KRW 150,000 shall be paid to the seller with the goodwill.

3. The credit account receivable of C shall be accepted at the account book price;

(hereinafter omitted)

4. For E inventories, the price purchased by E, or