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Reasons
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(영문) 수원지방법원성남지원 2014.08.28 2013가합9785
대여금
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1. The Defendant’s KRW 19,540,00 for the Plaintiff and 6% per annum from October 8, 2013 to August 28, 2014.

Reasons

1. Basic facts

A. The defendant is a company whose main purpose is to manufacture and sell plastic film, sheet, etc., and the plaintiff is to manufacture and sell eco-friendly liver, paint, etc.

B. C around 209, around 620,00 common shares issued by the Defendant, was holding 312,000 shares, which were 50.32% of the total shares issued by the Defendant, and held 176,000,000 loans against the Defendant.

C. The Plaintiff decided to acquire the above Defendant’s shares through D, and on April 22, 2009, the Defendant, C, and D, etc. drafted a “Agreement on Transfer and Acquisition of Shares” with the following contents (hereinafter “instant agreement”). Accordingly, the Plaintiff became the actual obligor for the Plaintiff’s obligation to pay KRW 40,80,000 to C according to the instant agreement, as well as the obligation to pay KRW 159,20,00 to C.

When transferring 312,00 shares (156,00,000 shares) of the Defendant’s total 620,000 shares (310,000 shares) to KRW 40,800,000 on condition that C lend 176,00,000 shares (156,000,000 shares) to the Defendant, the transferee shall pay to C a total of KRW 200,000,000 including the share price of KRW 159,20,000 with the agreement of KRW 159,20,000, the transferee shall pay to C the transferor, and the Defendant also recognizes the buyer’s exclusive right to sell to C at Llilt.

The terms of the monopoly contract shall be in accordance with the monopoly contract.

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1. Provisional contract: 20,000,000 won ( April 10, 2009);

2. Fixed contract: 80,000,000 won ( April 22, 2009) together with a fixed contract, the transferor shall transfer to the transferee the shares of 312,000 shares (50.32%) and the transferee shall exercise the rights together with this contract;

3. The balance payment of KRW 20,000,000 ( April 30, 2009) for the second remainder of KRW 20,000 ( May 31, 2009) for the third remainder of KRW 20,000,000 ( June 30, 2009) for the fourth remainder of KRW 20,000 for the fourth remainder of KRW 20,000 ( July 31, 2009) for the fifth remainder of KRW 20,000 for the fifth remainder of KRW 5 ( July 31, 2009) ( August 31, 2009)

D. The Plaintiff shall pay D a total of KRW 40,800,000 on April 10, 2009, and KRW 20,800,000 on April 22, 2009 and KRW 40,800,000 on shares.

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