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(영문) 창원지방법원 2018.07.12 2017가합54398
대여금
Text

1. The defendant,

A. As to Plaintiff B’s KRW 5,000,000 and KRW 25,000 among them, from June 5, 2014; and KRW 30,000.

Reasons

1. Basic facts

A. The parties and the Plaintiff A’s legal entity transfer/acquisition agreement 1) are companies engaged in nuclear and plant parts processing business. The Plaintiff was established on July 24, 2008 and worked as the Defendant’s representative director and internal director from that time on September 19, 2016 and retired from the office of representative director on February 8, 2017. The Plaintiff entered into a contract for transfer of the Defendant’s shares, business rights, assets, etc. owned by the Plaintiff with G on February 8, 2017 (hereinafter “instant transfer contract”). The main contents of the instant transfer contract are as follows.

Article 1 (A) of the contract for transfer and acquisition of a corporation shall be subject to the following:

1. Corporate stocks (66,500 shares) and in-house directors owned by Gap;

2. Business rights and assets and liabilities owned by Gap (property liabilities as of the date of prohibition of remaining payment); and

3. The method of payment under Article 3, such as a business license and licensed matters related to the corporation owned by A; and

3. The balance shall be paid simultaneously with the contract on February 8, 2017, and at the same time, A shall transfer the documents under Article 4 to B, and at the same time, the financial statements and detailed statements by account as of the date of settlement of accounts and contract as of the 7th anniversary of the delivery of required documents under Article 4

B. Plaintiff A’s loan certificate of Plaintiff A prepared to Plaintiff B, C, D, and E a loan certificate under the name of the Defendant (hereinafter “each of the instant loan certificates”). When designating the loan certificate, Plaintiff B prepared the loan certificate under the name of the Defendant (hereinafter “the loan certificate in this case against Plaintiff B”). Each of the instant loan certificates bears the Defendant’s corporate seal affixed on the loan certificate, and each of the main contents of the loan certificates are as follows.

1) The loan certificate of June 5, 2013 against Plaintiff B (Evidence A 3-1 debtor: F, representative director A, and creditor: B.

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