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Reasons
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(영문) 수원지방법원 평택지원 2018.12.19 2017가합9031
채무부존재확인
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 27, 2011, E and Defendant C established A for the purpose of manufacturing and selling the aggregate, as a partnership business, and around January 27, 201, E provided technical skills and businesses, and Defendant C decided to invest funds.

B. In return for the investment of funds, Defendant C acquired shares A in the name of Defendant D, a 6,000 shares, and received benefits from the account in the name of Defendant D while performing the duties of financial management, accounting, etc.

C. E and Defendant C decided to liquidate partnership around October 2016.

On October 18, 2016, A (representative F) entered into a stock transfer contract with Defendant C to take over KRW 400 million out of KRW 600,000 of shares A from Defendant C (hereinafter “instant stock transfer contract”) and paid down payment of KRW 20 million to Defendant C.

The main contents of the instant share transfer contract are as follows.

The defendant C shall transfer on October 18, 2016 the following shares to A:

1. Issuing company: A;

2. Class: Ordinary shares.

3. Face value per share: 67,500 won;

4. Number of shares: 400 shares Section 3 (Transfer Price) A shall be paid to Defendant C in installments as follows:

1. Payment of KRW 20 million at the time of a contract, and payment of KRW 8 million from December 30, 2016 to January 30, 2016, each of which shall be paid KRW 11 million on the 30th day of each month from February 2018 to July 2018 (six months), each of which shall be paid KRW 3 million on the 30th day of each month from July 2019 to January 2020 (Provided, That installment payment may be made twice from July 2019 to January 30, 202).

2. Where payment of installment payments is overdue on not less than two occasions, profits of a deadline shall be lost, and the total amount of transfer proceeds shall be immediately paid;

3. A shall provide a maximum debt amount of KRW 350,000,000 with respect to land owned by Pyeongtaek-si G apartmentH and Pyeongtaek-si I in order to secure the payment of the said installment.

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