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(영문) 광주지방법원 순천지원 2018.01.25 2016가합13469
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 4 (including paper numbers, hereinafter the same shall apply);

(i)each entry in evidence Nos. 6, 9, 10, 11, and the purport of the whole pleadings;

A. On February 5, 2013, the Defendant agreed with the Plaintiffs to acquire D Co., Ltd. (hereinafter “D”), and entered into a contract with E representative director of the said company and D to acquire the amount calculated by adding KRW 100 million to the net asset value of the said company, and agreed to the purchase price of the stocks to KRW 1.5 billion (=total number of shares 70,000 x KRW 15,00 per share).

B. Around that time, the Defendant assumed office as a joint representative director of D, and paid the above purchase price of shares to E, including the investment funds of himself and the plaintiffs, and KRW 750 million borrowed from D, and the Defendant came to hold D shares of KRW 43,00, KRW 500, KRW 500, and KRW 21,500.

C. Around February 15, 2013, D accepted all the shares of the Fund (hereinafter “F”). D.

Plaintiff

A on June 27, 2013, Plaintiff B acquired KRW 800,000 of Plaintiff B’s D’s 21,500 shares in KRW 120,000,000, and the Plaintiffs purchased each 5,786 shares by participating in the subscription to new shares on July 1, 2013.

E. On December 29, 2014, Plaintiff A received 11,286 shares out of 13,786 shares held by Plaintiff D (i.e., 5,500 shares 5,780 shares 5,786 shares) (i.e., 34,650,00 shares); and (ii) Plaintiff B received 19,286 shares held by D on the same day (i.e., 21,50 shares - 8,000 shares - 5,786 shares), and received 11,286 shares out of 282,150,00 shares, and each sales amount after selling them. The Plaintiffs immediately thereafter remitted the above sales amount to the Defendant’s account.

2. The assertion and judgment

A. (1) On December 2014, the alleged plaintiffs settled their primary claims with the defendant and the partnership business relations with the defendant and agreed that the defendant D and the plaintiffs manage F. D's shares held by the plaintiffs are transferred to the defendant, and F's shares owned by D are transferred to the defendant, and the price of the above two companies' shares shall be determined according to the shares of the plaintiffs and the defendant.

Accordingly, the plaintiffs are shares to D on December 29, 2014.

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