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(영문) 대구지방법원 2016.06.30 2014가합8589
물품대금
Text

1. The Defendant: (a) KRW 496,00,000 for the Plaintiff and KRW 20% per annum from October 9, 2014 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On May 9, 2011, the Plaintiff decided to transfer 25% of the total issued shares of the Defendant Company to KRW 4 billion, and entered into a share acquisition agreement with the same content as the attached Form (hereinafter “instant share acquisition agreement”).

B. On May 23, 201, the date of the contract, the Plaintiff paid KRW 1 billion to C as the down payment and the intermediate payment. On May 23, 201, 201, the date of the contract, the Defendant Company drafted and delivered to the Plaintiff a notarial deed to recognize the compulsory execution of the face value of KRW 1150 million, the date of issuance, May 11, 201, and the date of payment, October 15, 201.

C. On May 31, 2011, the Plaintiff paid KRW 800 million to C as part of the remainder of the instant share acquisition agreement. On the same day, the Defendant Company drafted and delivers to the Plaintiff a promissory note with the face value of KRW 922 million, the date of issuance May 31, 201, and the date of payment August 31, 201, and drafted a notarial deed to the effect that compulsory execution against the said face value is recognized.

On the other hand, on September 4, 2012, the Defendant Company drafted a notarial deed for a loan for consumption (hereinafter “notarial deed of this case”) with the purport that “the Defendant Company borrowed KRW 400 million from the Plaintiff on September 4, 2011, and repaid it until December 31, 2012, but if it fails to repay it, it approves compulsory execution.”

E. In addition, the Defendant Company issued, separately from the same day, a promissory note with the face value of KRW 96 million, the issue date September 4, 2012, the due date of payment, November 30, 2012, the issuer, the Defendant Company, and the Plaintiff (hereinafter “instant promissory note”), and issued it to the Plaintiff, stating “the interest share on loans” under the top of the promissory note.

F. C did not transfer or deliver the shares agreed upon to the Plaintiff after the instant share acquisition agreement. The Plaintiff also did not transfer or deliver the shares to C.

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