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(영문) 서울중앙지방법원 2019.11.12 2017가단72257
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. C (Representative Director of the Plaintiff) and D prepared, on January 12, 2016, “A share transfer and total sales agreement” with the Defendant Company, and “A separate agreed matters according to the share transfer and total sales agreement”.

According to the above contract, C and D paid KRW 20 billion as funds for the normalization of the Defendant company, and paid KRW 5 billion in the initial enforcement amount in order to complete the manufacture of a prototype. In return, the Defendant Company provided C and D with KRW 49% of the total shares issued by the Defendant Company by means of issuing new shares via capital increase with capital increase and granted the total rights and rights to the Defendant Company’s products.

In addition, in the event that the actual amount of normalization support to the defendant company is not provided within one month after the conclusion of the contract of this case, all contracts are null and void, and the funds, etc. are restored to their original state.

B. On the other hand, on January 12, 2016, the date of the contract, the Plaintiff transferred KRW 100 million from the corporate account of the Defendant Company to E, the representative director of the Defendant Company.

C. On February 26, 2016, the Defendant Company notified C and D of the invalidation of the above contract on the ground that the funds for normalization were not provided for one month after the date of the contract.

[Reasons for Recognition: Facts without dispute, entry in Gap1 through 6, witness F, part of G's testimony, purpose of whole pleadings]

2. The gist of the Plaintiff’s assertion was that the Plaintiff transferred KRW 100 million to E designated by the Defendant Company as the deposit money for the above contract.

However, on February 26, 2016, the defendant company notified C and D of the invalidity of the above contract, and notified C and D that the funds, etc. should be invalidated.

Therefore, the Plaintiff seek reimbursement of KRW 100 million and damages for delay that he remitted to the Defendant Company due to restitution.

3. The fact that the amount of KRW 100 million was remitted from the Plaintiff to the personal account, the representative director of the Defendant Company, and the individual, such as C, who is not the Plaintiff Company.

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