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(영문) 부산지방법원 2019.03.28 2017가합51385

양수금

Text

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

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

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of real estate sale and lease business (i.e., “stock company C” and “stock company B” on October 15, 2018), and D, E, and F are siblingss.

B. 1) D on October 26, 2012, the Defendant’s establishment background, shareholder change, etc. (i.e., the instant real estate) indicated in the separate sheet No. 1 (hereinafter “instant real estate”) between G limited company and G limited company.

D) From October 26, 2012 to January 8, 2013, paid 500,000,000 won as the purchase price to the said company as KRW 500,000,000, and KRW 800,000, which is a part of the intermediate payment. 2) D established the Defendant to facilitate the lending of funds to appropriate the purchase price of the instant real estate, and the remodeling, lease, etc. of the instant real estate. On November 21, 2012, D changed the purchaser of the said real estate sales contract to the Defendant. < Amended by Act No. 11378, Dec. 5, 2012>

3) At the time of the Defendant’s establishment, D 3,600 shares of the total issued shares of 10,000 shares, F 4,900 shares, and H 1,500 shares were held respectively, and H was appointed as the Defendant’s representative director. 4) After which May 2, 2013 between F, D, H, and E as the representative director, F 3,00 shares of the Defendant’s 3,50 shares, D 1,50 shares of the Defendant’s 1,50 shares to E, and H 1,500 shares of the Defendant’s 1,50 shares were concluded a share transfer contract (hereinafter “instant share transfer contract”).

5) On June 5, 2013, the Defendant’s representative director was changed from H to E. C. Preparation D of the cash loan certificate is as follows: (a) the due date for repayment of KRW 900,000,000 on February 26, 2013 is determined as of September 27, 2013 (hereinafter “the instant loan certificate”).

d. The plaintiff was drawn up and delivered.

On September 13, 2017, the Plaintiff entered into a bond transfer contract with D to the Defendant.