계약금 반환
1. The plaintiff's claim and the independent party's claim are all dismissed.
2. The costs of lawsuit are due to the principal lawsuit.
Basic Facts
From May 18, 2006, Sejong-gu Co., Ltd. (hereinafter “instant project site”) performed a new project to build a primary complex building in Ulsan-dong, Ulsan-dong, 752 land (hereinafter “instant project site”), and purchased land. The Plaintiff (the Plaintiff Co., Ltd., Ltd.) acquired the instant project right from Sejong-dong Co., Ltd., Ltd. on or around May 18, 2006 to acquire the instant project site.
A company established on July 22, 1995 for the purpose of exporting and importing construction materials, etc. and owned the land of Ulsan-dong 726-3 in the project site of this case on May 24, 2005. However, on May 24, 2005, the Defendant transferred the total amount of KRW 60,500,000 to 7,500,000, which is all shares issued by the Defendant and the Defendant’s shares, to the Defendant. The Defendant paid KRW 5,500,000 to the Defendant and paid KRW 2,00,000,000,000, which is a part of the above borrowed money, to the Defendant, and the Defendant shall pay KRW 3,50,000,000 to the Defendant except for the above borrowed money, and the Defendant shall pay KRW 10,00,000,000,000 to the Defendant.
(hereinafter “instant share acquisition agreement”). The main contents of the instant share acquisition agreement are as follows.
In case of acquisition by transfer of shares: The price for acquisition by transfer of shares shall be paid until July 31, 2006, by the date of the payment of the price for acquisition by transfer of shares (2 billion won) to the defendant's entire shares (10,000 won note 60,000 won note 60,000 won note : 2.0 billion won.
Article 2) The transferee of preferential repayment of corporate debts shall preferentially repay the defendant's debts (loans, unpaid debts, etc.) prior to the payment of the transfer or acquisition price of stocks, and shall make payments to the defendant and account for the defendant as follows: A) The amount of debts of KRW 4.22 billion in borrowings plus KRW 1.28 billion in borrowings = 5.5 billion (the first payment made at the time of the transfer: KRW 2 billion until May 26, 2006) is paid (the amount of debts of KRW 1.28 billion in borrowings = 5.5 billion in borrowings).