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(영문) 서울동부지방법원 2018.11.14 2017나25620
주권 인도 등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. A. Around December 2014, the Plaintiffs entered into an oral agreement with Defendant D with the content that: (a) Plaintiff A invested KRW 350,000,000; and (b) Plaintiff B and Defendant D invested KRW 200,000,000,000, respectively; and (c) Defendant C (hereinafter “Defendant C”) signed an oral agreement with Nonparty C Co., Ltd., a corporation Vietnam, a corporation Vietnam, which is owned by Defendant C (hereinafter “Defendant Co., Ltd”); and (d) to acquire and operate Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd., a company prior to the change; hereinafter

B. After that, the Plaintiffs and Defendant D agreed to partially modify the terms and conditions of the above oral agreement and to contribute the Plaintiff A to spot goods (made fibres) equivalent to KRW 200,000,000, KRW 100,000 to Plaintiff B, and KRW 200,000 to Defendant D, respectively (hereinafter “instant trade agreement”).

C. In accordance with the instant business agreement, around May 12, 2015, Defendant D, a representative director of the Defendant Company and Non-Party Company, shall take over the Defendant Company and Non-Party Company at KRW 170,000,000. However, the Defendant D drafted a “agreement on debt settlement” with the content that Defendant D shall succeed to or adjust the obligations of the Defendant Company and Non-Party Company. On the same day, Plaintiff B guaranteed the obligations under the said “Agreement on debt settlement.”

On the other hand, the above "Agreement on Adjustment of Debt Relationship" includes the outstanding claim (65,00,000 won) against the Defendant Company of the Plaintiff B's "F" operated by the Plaintiff, and the Plaintiff B invested the outstanding claim against the Defendant Company as part of the investment amount under the business agreement of the instant case.

E. Around that time, according to the instant trade agreement, Plaintiff A invested in kind (bibers) equivalent to KRW 200,000,000, and Defendant D invested in money equivalent to KRW 200,000.

F. After that, Defendant D assumed office as an internal director of the Defendant Company, the total number of shares issued by the Defendant Company is 20,000 shares (one share price of KRW 5,00), and the share certificates are not yet issued.

[Ground of recognition] There is no dispute.

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