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(영문) 대구지방법원 2017.03.22 2016가단26119

약정금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts which are the premise of the dispute;

A. The establishment C, D, E, F, G, H, and I established the Defendant Company on March 25, 2008, and appointed C as the Defendant’s representative director. Of the 10,000 shares of the Defendant Company, 2,50 shares to C, 2,300 shares to F, 1,50 shares to H, 1,00 shares to H, 2,50 shares to H, 1,00 shares to each of D, E, I, and 70 shares to G.

B. On April 8, 2008, the Defendant Company acquired real estate in the Defendant Company’s company: ① 2,361 square meters of the J factory site in Kimcheon-si; ② 625 square meters of the K factory site; ③ 8,474 square meters of the L forest and land; ④ 29,153 square meters of the MU land; ④ 21,725 square meters of the Nure site; ⑤ 18,208 square meters of the Nure land; ② 17,029 square meters of the Pure site; ② 685 square meters of the Qure site; ② 19,59 square meters of the R farm site; ② 80,000 square meters of the S farm site; and ② 103,194 square meters of the T forest and land; and ③ 336 square meters of the land of the Vate.

C. 1) The Plaintiff’s remittance details and the preparation of a stock transfer agreement between the Plaintiff and F, etc., were practically managed by the Defendant Company and led the purchase of land by the Defendant Company X, and the Plaintiff was working in the Plaintiff Company X, which was operated by W. The Plaintiff is a stock transfer agreement to the effect that “the Plaintiff will take over KRW 400,000 of the Plaintiff’s ordinary share of the Defendant Company by taking the Plaintiff as the transferee and the transferor at KRW 60,00,000 according to W’s order” (hereinafter “instant stock transfer agreement”).

(2) On April 30, 2008, the Plaintiff transferred KRW 50,000,000 to H’s account, which is the wife’s wife, to the lower part of the above share transfer contract.

W, on the one hand, while F was unable to pay some of the funds that it decided to make an investment in the process of the establishment of the Defendant Company, F, on February 27, 2008, borrowed 200,000,000 won from Y, who is a arbiter of C, to repay it to April 30, 2008, and Y.