(영문) 제주지방법원 2015.10.29 2014가합6707

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(영문) 제주지방법원 2015.10.29 2014가합6707

채무부존재확인

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) is a corporation established on November 3, 201 for the purposes of the development, sale, lease, investment, and operation of real estate. At the time of the incorporation, the shareholders of the instant company were comprised of the Defendant (58,500 shares, 32.5 percent shares, hereinafter “instant shares”) and the Plaintiff A (40,50 shares, 22.5 percent shares), C (40, 500 shares, 22.5 percent shares), and B (40,50 shares, 22.5 percent shares), and 22.5 percent shares (40,50 shares, and 22.5 percent shares shares) from the time of the establishment, and the Defendant served as the representative director of E from the time of the establishment.

B. On May 7, 2014, the Defendant and the Plaintiffs expressed different opinions on the issue of raising additional operating capital, and accordingly, the Defendant transferred the instant shares and E loans (hereinafter “instant bonds”) between the Plaintiffs and the Defendant, and entered into a contract for transfer of shares with the content of resignation of the representative director (hereinafter “instant contract”). The main contents are as follows.

On May 7, 2014, Article 2: (a) transfers all equity shares of E held by the Defendant as of May 7, 2014 and all the loans and rights accompanied thereby to the Plaintiffs; and (b) concludes with the value, timing, method, etc. of transfer proceeds.

Article 3 The amount of acquisition shall also be the total amount of E's shares, the total amount of loans and the amount of advisory fees and sales fees held by the defendant, and each value shall be the sum of the following items:

1. The transfer value of E’s shares shall be 20 million won ( 200,000,000).

2. The value of loans to E shall be 44,500,000 won per day ( 444,500,000).

3. The amount of the advisory fee and the sales commission shall be the sum of KRW 1,289,000,000,000.

Article 4 The payment date and method of acquisition amount, the shares and loans of the defendant and the payment of advisory fees and sales fees shall be made in accordance with the following procedures:

Provided, That in the case of determining each paragraph, the amount of tax payable shall be the same.

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