beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant: (a) invested operating funds from the Plaintiff in order to operate a construction business of a main multi-purpose apartment on the ground of 13,860 square meters wide-gu, Seocheon-si; and (b) decided to establish D Co., Ltd. (hereinafter “instant company”) on the ground of 13,860 square meters wide-gu, Seocheon-si.
B. Accordingly, on December 5, 2006, the Defendant, upon receiving 300 million won from the Plaintiff as operating funds, drafted a letter stating that “The Defendant shall borrow and invest 150 million won of the above KRW 300 million from the Plaintiff, but the principal of the loan shall be repaid until November 30, 2007, and 80% of the profits accrued from the implementation of the project shall be paid to the Defendant, and the 20% of the profits accrued from the implementation of the project shall be paid to the Plaintiff, but the Defendant shall be paid the taxes and public charges, such as the value-added tax, etc. due to the implementation of the project from among the profits received as above (Evidence 2, hereinafter “instant letter”).
C. On December 21, 2006, the Defendant established the instant company on December 21, 2006, and established E with the said company holding 95% shares as the executor of the instant business, and the gold industry corporation was selected as the Si Corporation and operated the instant business.
Around March 29, 2011, the Defendant transferred 63,200 shares of the instant company, which were held in the name of “Defendant, etc.” (hereinafter collectively referred to as “Defendant, etc.”) one’s mother and one’s mother (hereinafter referred to as “Defendant, etc.”), to three-three thousands shares of the instant company, which were designated by the gold Industry Co., Ltd., Han F&C, and Suland Co., Ltd.
However, there was a dispute over the transfer price between the defendant, etc. and the gold industry corporation, and the defendant, etc. filed a lawsuit against the gold industry corporation as Incheon District Court Branch 2012Gahap2896 against the defendant, etc.
On January 16, 2013, the above court held that “the cash compensation amount that a gold industry corporation shall pay to the defendant, etc. according to the agreement pertaining to the transfer of shares is KRW 11,829,180,000” and partly repaid amount.