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(영문) 서울서부지방법원 2018.05.30 2017가합30873
대여금
Text

1. The plaintiff's primary claim against B and C and the defendants' preliminary claim are all dismissed.

2...

Reasons

Basic Facts

A. On December 17, 2009, the Plaintiff drafted a “contract” with Defendant B Co., Ltd. (hereinafter “Defendant B”) as follows:

Defendant B and the Plaintiff agree to conclude the rights and obligations with respect to the payment of profits to the Plaintiff as follows, and to perform them in good faith.

Article 1 (Payment of Proceeds) (1) Defendant B shall pay the Plaintiff KRW 12,000,000 (3), 12,000,000), from the 21st day of each month from the day following the conclusion of the contract, to the account designated by the Plaintiff.

2. The time limit for payment of the above shall be one year after the conclusion of the contract, and may be extended under the same conditions by mutual agreement at least one month before the conclusion of the contract.

(3) When the contract term expires, if the plaintiff requests the defendant B to take over the shares of the same contents as that of the plaintiff's name, the defendant B shall comply with it.

In this case, if the acquisition of shares above is made, this Agreement shall be terminated immediately without extension.

- - The name of the Plaintiff’s transferee - The name of the Plaintiff’s issuer: The amount of acquisition by transfer of the common stocks of Defendant B: Total amount of 26,400 shares per share : 26,400 shares acquisition by transfer: The amount of transfer of the common stocks of Defendant B: KRW 600,000 per share : KRW 26,400 per share : The amount of acquisition by transfer of the shares of this KRW 22,727: KRW 100,000 (hereinafter omitted) : KRW 600,000 per share.

B. On December 22, 2009, the Plaintiff drafted a “stock acquisition agreement” in which Defendant C and Defendant C transfer the amount of KRW 26,400 (5,000 per share value) of registered ordinary shares of Defendant B to the Plaintiff at KRW 600 million (22,727 per share).

C. On December 30, 2009, the Plaintiff deposited KRW 600 million into the Defendant C’s account. From January 4, 2010, the Plaintiff deposited KRW 26,000 of the Defendant B’s shares with the Korea Securities Depository via Samsung Securities. Defendant B deposited KRW 26,64 million on February 26, 2010, KRW 12 million on April 2, 2010, and KRW 20 million on July 2, 2010, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 5, 6, 8, Eul evidence 1, and this Court.

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