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(영문) 제주지방법원 2017.06.01 2016가합12119
청구이의
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The relation 1) The plaintiffs and the defendant corporation E (hereinafter "E")

(2) The Defendant represented E as the sole internal director of E and retired on March 31, 2015, but on March 23, 2016, took office as the sole internal director of E and on behalf of E again.

B. 1) Entrustment of the operation of a compound 1) E is a building on the F land in Seogpo City owned by him (hereinafter “instant building”) and the land and the instant building in total, “the instant real estate”

(2) On January 2, 2014, Plaintiff B entered into a construction contract with G for the construction of the instant building. After the completion of the instant building, Plaintiff B, the instant building, the second floor of the instant building, operated a plastic restaurant, and on January 2, 2014, entrusted the Defendant with the operation of a plastic restaurant.

C. The Defendant filed a complaint and written agreement with the Defendant on June 13, 2016, on the grounds that “the Plaintiff acquired loans by means of appropriating the construction cost in excess in the course of the construction of the instant building, and prepared a written claim for deposit in E and withdrawn deposits.” The Defendant filed a complaint with the Jeju District Prosecutors’ Office for the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), forging private documents, and uttering of the same. 2) The Plaintiffs signed an agreement with the Defendant on June 13, 2016, on the withdrawal of the complaint, withdrawal of the complaint, and transfer of the operating right of the E-shares and the Flu

(hereinafter “instant agreement.” The main contents of the instant agreement are as follows: “The Plaintiff shall be paid KRW 950 million to the Defendant in installments (one-lane KRW 200,000,000 on June 13, 2016, KRW 350,000,000 on September 13, 2016, KRW 350,000,000 on September 13, 2016, KRW 40,00 on December 13, 2016, and KRW 3-lane 40,000 on December 13, 2016), and instead, the Defendant shall transfer the entire shares of the Plaintiff immediately after receiving the third payment, resign from office and withdraw the complaint.”

3..

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