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(영문) 대전지방법원 2018.12.19 2018가합100872
회사에 관한 소송
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

Based on the facts, Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on March 4, 2014 for the purpose of operating the comprehensive automobile repair business, etc., and Defendant C is the representative director and the shareholder of the Defendant Company.

The amount borrowed: 220,00,000 loan interest: The date of borrowing 4.0% per annum: the date of redemption on March 4, 2014: The debtor (the defendant C; hereinafter the same shall apply) on September 30, 2014 confirms that he/she borrowed from the creditor (the plaintiff; hereinafter the same shall apply) on the following terms:

1.The interest shall be transferred to the following banks designated by the creditor by the 30th day of each month:

2. The principal shall be fully repaid by September 30, 2014.

Provided, That the period may be extended by mutual agreement.

3. No security nor joint and several sureties shall exist;

4. If interest has been in arrears for at least two months, or if the principal is unable to be repaid by September 30, 2014, the obligor’s entire obligation shall lose the benefit of time, and the obligor’s shares of the Defendant Company owned by the obligor shall be sold to A at par value.

In such cases, all expenses incurred in selling stocks (securities transaction tax, etc.) shall be fully borne by the seller.

The Plaintiff paid to Defendant C the sum of KRW 220 million (excluding KRW 20 million out of the above amount, because the Plaintiff deposited money in Defendant C) including KRW 10 million on January 4, 2014, KRW 30 million on January 22, 2014, KRW 70 million on February 6, 2014, KRW 130 million on February 28, 2014, and KRW 220 million on February 28, 2014.

Defendant C issued to the Plaintiff a certificate of borrowing money (hereinafter “instant loan certificate”) on March 4, 2014, as follows.

On September 30, 2014, Defendant C drafted a share acquisition agreement (hereinafter “instant share acquisition agreement”) stating that “22,000 shares (220,000,000 won) of the Defendant Company’s shares owned by Defendant C are transferred to the Plaintiff on September 30, 2014” (hereinafter “instant share acquisition agreement”).

On the other hand, the defendant company issued the shares of this case to the plaintiff on November 28, 2014.

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