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(영문) 서울중앙지방법원 2017.04.18 2016가합542695
채무부존재확인
Text

1. On November 25, 2015, between the Plaintiff and Defendant C, as to Defendant C based on a share purchase agreement between the Plaintiff and the Defendant C.

Reasons

1. Facts of recognition;

A. D Co., Ltd. as Defendants (hereinafter “D”) promoted multi-family housing development projects (hereinafter “instant development projects”) on the site, such as Daegu Northern-gu E.

The Defendants, as the former shareholders of D, owned 10,200 shares among the total 30,00 shares issued by F-stocks, Defendant B owned 10,20 shares, Defendant C owned 9,90 shares, and G owned the remainder.

D did not issue share certificates to the shareholders above.

B. (1) On November 25, 2015, Defendant B entered into a sales contract with H,940 shares of the said D shares owned by it, and with H, 2,260 shares of KRW 80,00 per share, respectively. Defendant C entered into a sales contract with the effect that the purchase price shall be KRW 80,000 per share. (2) Defendant C entered into a sales contract with the Plaintiff, 3,920 shares of the said D shares owned by it, with the Plaintiff, 3,920 shares of KRW 3,920 per share, with the Plaintiff, 3,920 shares of the said D shares owned by it, with the effect that the purchase price shall be KRW 80,00 per share.

(3) On November 25, 2015, the date of entering into the instant share transfer contract, the Defendants received full payment of KRW 1.68 billion in total. (c) On November 25, 2015, the Defendants sold D’ shares as above, and entered into a pledge agreement (hereinafter “instant pledge agreement”) with the Plaintiff, H, I, I, J, J, K, K, and L (hereinafter “Plaintiffs et al.”) on the total amount of 20,100 shares subject to the said sale with the purchaser, and on December 3, 2015, a notary public entered into the said pledge agreement (hereinafter “instant pledge agreement”) with the Plaintiff, H, I, J, K, K, and L (hereinafter “Plaintiffs et al.”) on November 25, 2015.

2) The contents of the instant pledge agreement are as follows. The obligee and the pledgee appear to be a clerical error in the terms of “B”. C, “A1” and “A2” are as follows.

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