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(영문) 서울동부지방법원 2015.11.12 2015가단8804

매매대금반환

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1. The Defendant’s KRW 84,558,00 for the Plaintiff and KRW 20% per annum from March 14, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On September 14, 2013, the representative director C of the Company B (hereinafter “B”) borrowed KRW 300,000 from the Plaintiff on January 13, 2014, the due date of payment period for the Plaintiff by delivering the above payment assurance letter to the Plaintiff around October 14, 2013, and then borrowing KRW 300,00,000,000 from the Plaintiff on condition that, in order to participate in the market improvement project for the “E market” located in Gangnam-gu Seoul Metropolitan Government D (the Seoul Special Metropolitan City Mayor publicly announced the market improvement project implementation zone for the above market; hereinafter in this case “instant improvement project”).

The plaintiff is a company that engages in credit business, together with the electricity and electronic equipment distribution business and the agency business.

B. Around November 2013, B purchased shares of F Co., Ltd. with the above borrowed loan. On November 5, 2013, B concluded a sales contract on shares purchase price of KRW 281,860,000 with the Defendant, among the shareholders of F Co., Ltd., for shares purchase price of KRW 1,529 (hereinafter “instant sales contract”), and paid KRW 28,186,00 in the name of the down payment and the intermediate payment of KRW 56,372,58,00 in the name of the down payment out of the purchase price.

C. According to the instant sales contract, B paid KRW 197,302,000,00 for the remainder of the sales by December 31, 2013, but did not pay the remainder to the effect that the payment date is too excessive.

During that period, the plaintiff knew that the certificate of payment assurance of Korean-U.S. bio-resources delivered by C was forged, and requested for additional security in C and B.

Accordingly, on June 30, 2014, B concerns the right to claim the return of down payment and intermediate payment against the shareholders of FF corporation including the Defendant.