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(영문) 서울중앙지방법원 2016.05.12 2015고정3551
사기미수
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged E Co., Ltd. (hereinafter “instant company”) is a company incorporated on February 14, 2003, and F is a person who served as the representative director of the instant company from around that time to February 14, 2013.

G entered into a contract on December 19, 2012 to acquire 62.2045% of the shares of the instant company held by F in F in the I hotel coffee shop located in Daegu-gu, Daegu-si, and the total amount of shares of the instant company held by F in KRW 1.22 billion.

After that, G prepared a written agreement on the acquisition of shares that specify the transaction conditions of the shares under the above stock acquisition contract with F on January 8, 2013, and as a condition that G takes over the management rights of the instant company, G would pay the management transfer price of KRW 750 million in addition to the stock price of KRW 1.25 billion on January 8, 2013 (20 million on April 30, 2013; KRW 250 million on May 31, 2013; KRW 250 million on May 31, 2013; KRW 4 billion on December 31, 2013; KRW 750,000 on December 31, 2013; and written undertaking to the same effect as F.

On the other hand, around January 8, 2013, G paid 1.2 billion won of the shares of the instant company to F, and around February 2013, G received 62.2045% of the shares of the instant company in the name of the Defendant or tea.

However, G paid a total of KRW 350 million on January 8, 2013 and KRW 150 million on May 9, 2013 and KRW 150 million on a total of KRW 400 million on which G promised to pay to F, but did not pay the remainder of KRW 400 million.

Accordingly, F will demand that G pay 300 million won out of the other transfer price of management right 400 million won until June 15, 2013.

“Before sending a certificate of content to the effect that “”, G sent a certificate of content to the same effect as on June 20, 2013, which did not pay the transfer proceeds of management.

F despite the repeated demand, G does not pay KRW 400 million out of the transfer proceeds of management rights, G does not have to pay KRW 400 million to Suwon District Court at KRW 2013, 4960.

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