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(영문) 서울서부지방법원 2018.03.28 2017가단205502
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 170,00,000 and the interest rate of KRW 15% per annum from March 4, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On April 27, 2015, the Defendant and Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a joint agreement on the construction of officetels located D (hereinafter “instant joint agreement”). The Defendant and the Nonparty Co., Ltd. jointly entered into a joint agreement on the construction of officetels located D (hereinafter “instant joint agreement”). The Defendant and the Nonparty Co., Ltd. raised KRW 210,000,000 out of the acquisition fund as the main agent of the business, and secured the credit extended and the location of the borrower out of the remainder of the acquisition fund. The Nonparty Co., Ltd is responsible for the intermediate payment, the remainder loan business, and the designation and completion of the remaining construction company.

Of the business revenues, the remainder, excluding the business expenses already paid by the defendant and the non-party company, and the project expenses to be disbursed in the future, was to be distributed to the defendant and the non-party company at the rate of 50% each (hereinafter “instant business shares”).

B. On June 16, 2015, the Defendant and the non-party company entered into a business share acquisition agreement with the non-party company to transfer the instant business share to the Defendant and receive KRW 500,000,000 in return (hereinafter “instant share acquisition agreement”). The said transfer price was entered into as “320,000,000,000 won in return for the transfer of shares” (hereinafter “instant share acquisition agreement”). The said transfer price was entered as “the payment for the transfer of shares in lots or cash payment (200,00

The non-party company received the transfer price from the defendant and, at the same time, issued a letter of waiver of joint business to the defendant.

On the other hand, the resolution of lien and legal relationship is the defendant's responsibility, but the non-party company actively cooperates in resolving legal relationship.

C. On June 29, 2016, the Plaintiff and Nonparty Company entered into a contract on the assignment of claims for the transfer of shares of this case against the Defendant to the Plaintiff (hereinafter “instant contract on the assignment of claims”) with the effect that the non-party Company transferred KRW 170,000,000 out of KRW 50,000 to the Defendant. Meanwhile, Nonparty E, the actual operator of the non-party company, shall sign the said contract as a observer.

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