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(영문) 서울중앙지방법원 2020.11.13 2019가합564641
주식인도
Text

The Defendants jointly deliver to the Plaintiff the shares listed in the attached list.

2. Defendant C Co., Ltd. shall be the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that engages in the business of manufacturing and selling food processing, such as a bid platform and Saturday. 2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that engages in siren business under the trade name of “D”, and Defendant B is an internal director of Defendant C.

B. On July 2, 2007, the Plaintiff and Defendant C’s in-house director B’s agreement was delivered to Defendant C, etc. from around July 2, 2007, and transferred KRW 30,000,000 to Defendant C’s account under the name of Defendant B, but failed to receive goods payment and loan payment from the Defendants. 2) As such, the Plaintiff and Defendant C’s representative director, on October 20, 201, entered into an agreement with the following contents (hereinafter “instant agreement”).

From July 2, 2017 to August 28, 2017, the Plaintiff’s representative E supplied the Defendant’s representative B with KRW 72,922,00,000 of the check stand and the inside money. On July 26, 2017, the Plaintiff’s representative sent KRW 30,000,000 to Defendant B’s passbook.

All of the amounts to be received are KRW 102,922,00.

Defendant B’s representative deposits KRW 20,000,000 in the Plaintiff’s passbook and the unpaid amount remains in KRW 82,922,00.

The defendant representative B did not pay goods and loans on the date of promise as follows.

The amount payable on the date of payment shall be KRW 5,00,000,000 on November 25, 2017, KRW 10,000 on December 25, 2017, KRW 10,000,000 on December 25, 2017, KRW 10,000 on February 25, 2018, KRW 10,000 on February 25, 2018, KRW 10,000 on March 25, 2018, KRW 10,000 on April 10, 200,00 on KRW 27,922,00 on May 25, 2018 to be paid as above, and if the payment promise is not complied with, the Plaintiff’s shares shall not be transferred to the representative of E without any condition that the Plaintiff shall not be paid as above.

(hereinafter “instant Share Transfer Agreement”). The supplier on October 20, 2017: The name of the Plaintiff (person) supplier: The representative B business number of Defendant B: G2, while the instant agreement is in place.

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