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(영문) 서울중앙지방법원 2018.05.08 2017가합571843
대여금
Text

1. The Defendant’s KRW 500,000,000 and its amount are 7.2% per annum from June 1, 2017 to August 17, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The principal purchase and sale contract for shares and a monetary loan for consumption was concluded on February 23, 2016 between the Defendant and the Plaintiff, a major shareholder of the non-party company having domicile in Seocho-gu Seoul E and F.

Specialized

1. The subject company is a corporation that runs multi-level marketing business as its main business.

2. As of the date of this Agreement, the total number of outstanding shares of the subject company is 180,000 shares.

Accordingly, the parties agree on the premise of the foregoing matters as follows:

2.2. The sales price of the shares of this case shall be KRW 900,000,000, which shall consist of the down payment of KRW 500,000,000, intermediate payment of KRW 200,000,000, and the balance of KRW 200,000,000.

2.3.1. The defendant shall pay the down payment to the plaintiff at the same time as this contract is concluded.

Provided, That the defendant shall pay the down payment by borrowing the down payment from the plaintiff, and the conditions shall be governed by a separate monetary loan contract.

2.3.2. The Defendant shall directly pay intermediate payments to G designated by the Plaintiff by the end of March 2016.

2.3.3. The Defendant shall directly pay any balance to G designated by the Plaintiff by the end of June 2016.

3.3.1 of the completion of the transaction, the Plaintiff shall transfer the ownership of this case to the Defendant at the same time with the payment of the down payment on the date of transaction completion.

1) On February 23, 2016, the Plaintiff changed its trade name to D, on April 10, 2017, to a company that had been owned by the Plaintiff for the purpose of multi-level marketing business, multi-level marketing business, manufacturing of clothes, cosmetics, health foods, and wholesale and retail marketing business.

hereinafter referred to as “foreign company”

A) The share sales contract under which the Defendant is to transfer 180,000 shares to the Defendant (hereinafter “the share sales contract”) refers to the share sales contract under which the Plaintiff is to transfer 90,000 shares to the Defendant

(2) On February 23, 2016, pursuant to Article 2.3.1 of the instant Stock Sales Contract, the Plaintiff entered into a monetary loan agreement with the Defendant for consumption of KRW 500,000,000, which is the date of the instant share Sales Contract.

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