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(영문) 대구지방법원 2019.12.05 2019가합200724
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is a company running wind power generation business, and with respect to D, the actual owner and manager of the defendant company, the plaintiff A, and the plaintiff B, as their children, the plaintiffs were shareholders under the name of the above company, and they transferred their shares to E (hereinafter "E").

B. D, while substantially operating F Co., Ltd and Defendant Co., Ltd., the instant project promoted a wind power generation complex development project (hereinafter “instant project”) that constructs wind power plants using approximately KRW 200 billion in total project cost from around October 2008, Cheongong-gun G and H Japan.

C. On April 29, 2016, D transferred all of the instant business rights to E, and upon transferring the instant business rights to E, D, a transfer contract under which the contracting party F Co., Ltd. and Defendant E is the contracting party (hereinafter “instant transfer contract”).

The main contents of the contract are as follows. [The contract for the acquisition of the wind power generation business right of Cheongong G ] The F Co., Ltd. and the Defendant Co., Ltd. (hereinafter collectively referred to as “A”) and E (hereinafter referred to as “B”) that are parties to the contract enter into this contract for the acquisition of all the business rights for the wind power generation business of Cheongong G Y as follows. The project covered by this contract is as follows: (i) the project for the creation of the Cheongong G wind power generation complex: 1: 33W (3mW x 10) and 345kVS - the completion of the approval completion - 2: 33M (3mW x 3.3mW x 10) - Article 2 (Liability and Obligations of the Defendant Co., Ltd.) in relation to the business subject to the authorization and permission process:

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