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(영문) 대구지방법원서부지원 2016.10.28 2016가합50833
매매대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 700,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from July 1, 2007 to October 28, 2016.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) was established on January 24, 2005 and at the time D was appointed as representative director, director, and auditor, and F, the husband of E, was the promoters, who were the husband of E, led the C Co., Ltd. as the president.

(Then, on June 15, 2005, G was additionally appointed as the representative director of C Company, and on November 14, 2006, DG was all dismissed from the representative director and H was appointed as the representative director, and even if now H was registered as the representative director of C Company, H was registered as the representative director of C Company). C Company purchased the land of 61,293 square meters of I forest land in Daegu-gu, Daegu-gu (hereinafter “project site”) in the public sale process and carried out the business of newly constructing and selling apartment land at that place (hereinafter “instant business”).

B. Around March 2005, F, who led the operation of the C Company, became aware of the J as the husband of the Defendant, by introducing the Plaintiff around March 2005 in the course of raising funds from many people in order to raise funds for purchasing the land for the project.

On June 15, 2005, the C Company borrowed 500 million won as part of the purchase fund of the project site from J on June 30, 2005, and agreed to repay the principal and interest of 650 million won until June 30, 2006, and the F, E, and D jointly and severally guaranteed this.

And according to the agreement, C company transferred 500 shares of C company to the defendant on July 1, 2005.

(1) C Company shall transfer 500 shares of C Company to J, pay 10% of the proceeds derived from the instant Project, and also appoint J as a director.

d. However, when the J receives all the above money from the C Company, it shall lose the rights of shareholders, transfer 500 shares again, and resign from the position of directors of the C Company.

C. C Company paid in full the proceeds of public sale of the project site with J’s funds, etc., and completed the registration of ownership transfer under its name on June 30, 2005.

On the other hand, around July 1, 2005, 5,000 shares issued by C company are owned by Defendant (500 shares), D (90 shares), E (1,00 shares), G (1,100 shares), and H (1,50 shares).

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