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(영문) 대구지방법원 서부지원 2018.01.18 2016가단6204
주식양도등
Text

1.(a)

Defendant B expressed its intent to transfer to the Plaintiff the shares listed in the separate sheet;

B. Defendant B is above.

Reasons

1. Basic facts

A. A. Around 2008, as the father of Defendant B, built solar power plants in the name of Defendant B in the name of Defendant B.

B. Around March 2008, D, on behalf of Defendant B, prepared a statement of performance (Evidence 5) to the Plaintiff that “Subject to the Plaintiff’s investment of KRW 100 million in connection with the construction of solar power plants, Defendant B shall grant the Plaintiff a share equivalent to 200 kw after completing the solar power plant by December 31, 2008.”

C. After that, D demanded additional investment from the Plaintiff on June 17, 2008, and around June 17, 2008, the agreement was drafted under the following purport that “the Plaintiff invests an additional KRW 50 million among the Plaintiff and the Defendants, and separately lends KRW 50 million to the Plaintiff, and upon the fulfillment of all the above conditions, transfer shares (1/10) corresponding to the 20kw (hereinafter “instant agreement”).

CF AW H H CF C I JI J C

D. Thereafter, pursuant to the instant agreement, the Plaintiff invested KRW 50 million in addition to the construction of the said power plant in accordance with the said agreement.

E. Meanwhile, the Plaintiff asserted that the Defendants lent KRW 50 million to the Defendants in accordance with the instant agreement. Accordingly, the Defendants and D asserted that “actual loan amount is KRW 30 million,” and on September 15, 2010, deposited a repayment deposit of KRW 30 million, and the Plaintiff filed a lawsuit against the Defendants for loans against the Busan District Court Branch Branch of Seogu District Court No. 2011Ga2109.

As a result, on August 16, 2012, the agreement was concluded between the Plaintiff and the Defendants that “the Defendants shall jointly and severally pay to the Plaintiff KRW 25 million until October 31, 2012, but the Defendants shall pay KRW 35 million to the Plaintiff when the aforementioned payment period has expired.” The Defendants paid KRW 35 million to the Plaintiff around December 2013.

F. Defendant B holds all 5,00 shares issued by Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, fact-finding results of fact-finding on the certificate of free shop, purport of whole pleadings

2. The assertion; and

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