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Reasons
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(영문) 서울서부지방법원 2014.10.16 2014가합918
손해배상
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 2012, the Defendant entered into a contract for the transfer of equity shares stated to the Plaintiff that “Around 2012, the land is owned by the State, and the actual owners exist separately, and the Defendant continues to file a lawsuit against the State in consultation with the actual owners (Seoul Central District Court 2012Gahap16907, hereinafter “instant lawsuit”), and if the Defendant lends KRW 300 million to the State, 90 million will be awarded to the Plaintiff.”

Accordingly, on May 21, 2012, the Plaintiff entered into a contract for the transfer of equity bonds with the purport that the Plaintiff would pay KRW 300 million to the Defendant, and that the Defendant would acquire shares in rights or interests to be acquired due to winning the instant lawsuit (hereinafter “instant contract”). Accordingly, the Plaintiff paid KRW 210 million to the Defendant, including KRW 10 million on May 1, 2012, KRW 100 million on June 18, 2012, KRW 10 million on July 10, 2012, and KRW 10 million on July 10, 2012.

The main contents of the instant contract are as follows.

[Agreement on Transfer of Equity Claim] Case Number of Equity Claim: 2012Gahap16907 case's land shares: Hanam City C/D

1. The Defendant transfers KRW 900 million out of the 30% equity interest in the case 2012Gahap16907 to the Plaintiff, and the Plaintiff pays KRW 300 million to the respondent.

2. The transfer of shares takes effect simultaneously with the final and conclusive judgment in the case No. 2012 A. 16907. The transfer of shares takes effect, and the subsequent subsequent sale of the movable property to a third party, or the payment of compensation is made, the Defendant shall pay KRW 900 million to the Plaintiff. If the pertinent real estate case was lost, the share of the real estate lawsuit amounting to KRW 600,000 shall be transferred to the Plaintiff.

3. After the vehicle, the Defendant is obligated to report the progress of the instant case to the Plaintiff, and all of the activities must be dealt with by mutual agreement.

4. The Plaintiff’s payment of KRW 300 million to the Defendant shall be KRW 100 million on the date of the contract, and the remainder of KRW 200 million shall be paid until June 30, 2012.

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