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(영문) 서울동부지방법원 2018.10.17 2018가합100869
매매대금
Text

1. Defendant B, a limited liability law firm, returned promissory notes in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. By April 201, the Plaintiff acquired shares 2,545,499 shares issued by Co., Ltd. E (hereinafter “E”) (hereinafter “instant shares”).

B. On April 20, 2012, the Plaintiff entered into a transfer contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the effect that at the time, the Plaintiff would transfer the right to claim the return of the instant shares, which was deposited with the Korea Securities Depository, to KRW 1,500,000,000 (hereinafter “instant transfer contract”).

Promissorysory Notes in the custody of the instant agreement: (a) although the Plaintiff owned the Promissory Notes, the Defendant Company paid to the Plaintiff for the purchase price for E-ordinary shares 2,545,49 common shares, which are deposited in the Korea Securities Depository via E via E; and (b) the Plaintiff was currently unable to immediately deliver shares in the process of several lawsuits related to the said shares; (c) the seller’s and the buyer’s side agreed to keep the said Promissory Notes in the law firm (with limited liability) until the time when the said shares can be immediately delivered because the said period of protection is too excessive; and (d) the said Promissory Notes (LLC) is completely resolved by the lawsuit related to the said shares, etc. and the return thereof is requested by both parties.

C. The Defendant Company issued three copies of promissory notes representing 500,000,000 par value (hereinafter “instant notes”) with the payee as the Plaintiff for the payment of the same day of transfer price.

On the same day, the Plaintiff and the Defendant Company agreed to keep three copies of the Promissory Notes in Law Firm (LLC) and prepared the instant agreement with the following contents.

The creditor FF Co., Ltd. against the Plaintiff (hereinafter “F”) asserted that the instant transfer contract against the Defendant Company was a fraudulent act on September 24, 2012 and sought revocation thereof (Uwon District Court 2012Gahap19881).

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