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(영문) 서울중앙지방법원 2016.01.21 2015가합543141
계약금반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company whose main purpose is to develop and produce Stockholms based on genetic re-cooperative technology, and its trade name was “Co. E” and changed to its trade name as of March 9, 2015. 2) The F Co., Ltd. (hereinafter “subject company”) is a company with the main purpose of manufacturing and selling motor vehicles and various maintenance liftss.

3) Defendant B is the representative director and the shareholder of the target company. Defendant C is the shareholder of the target company, and Defendant D is the inside director of the target company and the director of the target company.B) On December 23, 2014, the Plaintiff entered into a contract with the Defendants to take over total of KRW 500,000 shares, warrant certificates, and management rights of the target company at KRW 4.6 billion (hereinafter “instant contract”).

2) The Plaintiff paid a down payment of KRW 1 billion to the Defendants under the instant contract. Of them, KRW 500 million was replaced by the Plaintiff’s KRW 500 million paid to the Defendants in preparing a memorandum of understanding, and the remainder of KRW 500 million was replaced by having the Defendants keep the cashier’s checks in G at the request of the Defendants during the actual inspection. (iii) On December 15, 2014, the Defendants reported and announced the decision on the capital increase in consideration of the instant contract to the Financial Services Commission and the Korea Exchange, and the details thereof are as follows.

① Kind and number of new shares: 15,511,196 shares for the purpose of raising funds: 31,09,947,980 won: The issue value of new shares: 2,005 won per ordinary share.

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