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(영문) 부산지방법원동부지원 2019.08.21 2018가합946

매매대금반환

Text

1. The Defendants jointly share KRW 750,000,000 to the Plaintiff and Defendant C with respect thereto from September 11, 2018, and Defendant B.

Reasons

1. Facts of recognition;

A. The status of the parties is a company running D in Jinju, and E is a shareholder of G Co., Ltd. (hereinafter “G”), which operates F in Scheon-si (hereinafter “G”), Defendant B is a substitute for a share sales contract between the Plaintiff and E, and Defendant C is the husband of Defendant B.

B. Defendant B’s actual manager E, etc. 1) H, who is the Plaintiff’s actual manager, is the E, I, and J (hereinafter “E et al.”) under the plan to accept G.

(ii)In the purchase of the shares of G owned by this Party, the order was given by Defendant B to the effect that, in order to prevent the Plaintiff from carrying out the purchase of the shares of Nonparty B and two other persons, Defendant B would withdraw the form of purchasing the shares of Nonparty B and the two other persons. (ii) Defendant B expressed that around September 201, Defendant B intended to purchase the shares of Nonparty E and two other persons, and on September 23, 201, Nonparty B prepared a letter of delegation of duties that delegated the Defendant B any authority related to the sale of G, or any other authority that may be appointed as a delegating.

C. On December 15, 201, the Plaintiff entered into a share purchase contract between Defendant B and E, and succeeded to the Plaintiff’s status as a purchaser. On December 15, 201, the Plaintiff entered into a share purchase contract with the content that the Plaintiff delegated all rights (including receipt and delivery of the purchase price) to purchase G’s shares (including receipt and delivery of the purchase price) to Defendant B. (2) On December 31, 201, the Defendant B entered into a share purchase contract with the content that he would purchase KRW 5,00,000 of the shares of G owned by E (hereinafter “instant purchase contract”), and thereafter, the Plaintiff succeeded to the status of the purchaser of the instant purchase contract.

On December 31, 201, Defendant B, who received down payment from the Plaintiff, issued a cashier’s check of KRW 500,000 at face value as down payment stipulated in the instant sales contract from K working as the Plaintiff’s former secretary, and the Defendants signed a receipt prepared in advance by the Plaintiff.