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(영문) 수원지방법원성남지원 2020.01.10 2018가합408578
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Facts of recognition

The Plaintiff and D are those who were practically operating the Incorporated Agricultural Company E (mutually “F Co., Ltd. F, Ltd., hereinafter “E”), and the Defendants were those who invested in E.

On December 6, 2013, the Defendants purchased shares E (hereinafter referred to as “stocks”) from D to KRW 500 million (price 50,000 per share when referring to E shares). On the same day, Defendant B entered into a share acquisition contract with the effect that Defendant B would purchase shares of KRW 4,000 among them, and Defendant C would purchase each share of KRW 6,000 among them (hereinafter “instant share acquisition contract”). On the same day, Defendant B paid KRW 20 million to Defendant B, and Defendant C paid KRW 300 million to D as share acquisition price.

However, since D did not hold shares subject to sale at the time of the conclusion of the instant stock acquisition contract, on December 6, 2013, it purchased 9,000 shares from G from H on December 6, 2013, and received 2,500 shares from H on December 11, 2013, and received them around that time, and acquired 10,50 shares (9,000 shares) in total.

However, even thereafter, D did not perform the procedure of actually transferring 10,00 shares subject to the instant share acquisition contract to the Defendants.

On the other hand, Defendant B purchased shares of 5,000 shares from K on January 25, 2014 and transferred shares of 2,125 from K on January 27, 2014 at that time. Defendant C purchased shares of 3,750 shares from K on January 27, 2014 and was transferred around that time.

On February 13, 2014, the Plaintiff, D, and the Defendants: (a) established a corporate agricultural company (hereinafter “L”) and incorporated E into L Company; (b) accordingly, on February 13, 2014, the Plaintiff: (c) 8,625 shares; (d) KRW 177,25 million (price 20,000 per share); (e) Defendant B’s shares of KRW 7,125 shares (price 35,00 per share; hereinafter the same shall apply); and (e) Defendant C’s shares of KRW 3,750 shares at KRW 13,1250,125.

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