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(영문) 대전고등법원 (청주) 2018.08.21 2017나6369
청구이의
Text

1. Revocation of the first instance judgment.

2. A deed drawn up on June 2, 2014 by the Defendant’s notary public against the Plaintiff at the same time.

Reasons

1. Basic facts

A. The Defendant, who is the shareholder and manager of C Co., Ltd. (hereinafter “instant company”) entered into a corporation transfer agreement (hereinafter “instant transfer agreement”) with the Defendant, who is the shareholder and manager of the instant company, to transfer the rights related to the said new construction project while running a new building construction project on the land of H and four lots (hereinafter “instant real estate”). On April 22, 2014, the Defendant, E, and F, a shareholder of the instant company, concluded a contract with G to transfer the instant real estate and stocks owned by the said company at KRW 940,00,000 (hereinafter “instant transfer agreement”). The Plaintiff also jointly and severally guaranteed the obligation under the instant contract.

The Plaintiff, G, and Defendant, etc. concluded a contract to the same effect as the instant transfer from October 2013 and changed the same effect, but Article 9 [Special Agreement] of the instant transfer agreement (Article 9 of the instant transfer agreement) of the instant transfer agreement was agreed to the effect that “any document signed between the parties, regardless of its name, content, and form, loses its validity before the date of preparation of the agreement.”

B. The acquisition by transfer of this case also details of the contract and the above acquisition by transfer are as follows: (a) content of the obligation to be performed by G, the Plaintiff, and the Defendant under the contract

(At this time, “A” shall refer to Defendant, E, and F, “A1” to Defendant, “A2” to “B,” “B” to “B,” and “B” to “B,” to “G, I, and Plaintiff respectively. In connection with this Agreement, the details of KRW 940,00,000,000 arising between the parties to the agreement in connection with Article 2 (Sale Price, etc.) shall be as follows:

1. 50 million won for stock sale between “A” and “B”;

2. The joint and several liability amounting to KRW 440 million for the joint and several liability amounting to 30 million for the loan to the Nonghyup A Co., Ltd.

3. Loans to Company A 68,300,000 won;

4. Article 3 (Duties of “A”) ① “A” receives full payment from “B” for damages of KRW 380,1700,000 for “A” on the instant real estate.

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