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(영문) 부산지방법원 2015.01.21 2014가합43277

약정금

Text

1. Defendant B, C, and D jointly and severally with the Plaintiff KRW 160,000,000, and Defendant B with respect thereto from June 11, 2014, and Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the scrap metal wholesale business under the trade name of “E”, and the Defendant National Ribling Co., Ltd. (hereinafter “Defendant Company”) is a juristic person engaged in the manufacturing of scrap iron and scrap iron, etc., and Defendant B was a person in a relationship of relationship with F having served as the representative director of the Defendant Company until November 15, 2013, who was in a relationship of relationship with F.

B. On October 2, 2013, the Plaintiff agreed with Defendant B to borrow KRW 160 million from the Plaintiff (hereinafter “the instant loan”). On the loan certificate of this case, it is notarized if Defendant B acquired the entire shares of the Defendant Company and the representative of the Defendant Company, and it seems to include the purport that Defendant B would receive the total amount of KRW 350-400 from the scrap metal discharged from Defendant Company after Defendant B became the representative of the Defendant Company. However, it seems that Defendant B did not have been registered as the representative of the Defendant Company, and the Plaintiff did not receive the scrap metal from the Defendant Company.

Defendant C and D jointly guaranteed this.

(hereinafter “instant loan for consumption”). (C) The cash custody certificate drawn up between the parties to the loan for consumption is “the instant loan certificate.”

On October 4, 2013, F, which was the representative director of the Defendant Company, decided to transfer the entire shares and the representative director of the Defendant Company to Nonparty G in one-lane, and to Defendant B and C in two-lanes, written contracts containing the following contents. On the same day, F, in the Geum River Office, was certified as No. 1753 on the same day (hereinafter referred to as “instant certification”).

1. The representative director F of the Defendant Company shall sell 100% of the shares on October 4, 2013 to the primary purchaser G in a lump sum for KRW 300 million.

2. G shall, in the event that Defendant B and C, the second buyer, have deposited KRW 60 million with the Defendant Company, in order to make all the shares, machinery and apparatus in G.