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(영문) 서울중앙지방법원 2013.10.23 2012가합6764
지분권확인청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2010, the Plaintiff: (a) contracted to perform the interior works of EB clubs located on the first underground and third underground floors of the building in Gangnam-gu Seoul, Seoul; and (b) on June 29, 201, the Plaintiff was not paid KRW 1.18 billion out of the construction price until June 29, 201.

B. C, in the course of preparing for opening the instant age club, has borne a majority of the monetary obligations against the Plaintiff, including the obligation for construction cost, and upon the obligees’ request, renounced management rights to the instant age club on or around December 2010, and transferred F 90% of the share to F on or around January 10, 201.

C. After that, F borrowed KRW 1 billion from G as the expense for the opening of the instant age club, and around June 8, 201, F opened the instant age club on a regular basis. However, due to the arrears of rent, F was notified by H Co., Ltd. (hereinafter “H”) around that time.

F around June 29, 2011, around July 201, G renounced all rights, including business rights, and all assets, including the instant age club business rights, and drafted a memorandum of waiver of business rights and a memorandum of transfer of business rights to transfer it to G and to the person designated by G, and C, F and G agreed on the instant age club business as follows, around July 201:

(hereinafter referred to as “the instant basic agreement”) C, and F, shall waive the instant resort business rights, transfer and deliver all relevant assets to G and persons designated by G, and at the time of the conclusion of the agreement, G will decide to convert the instant resort business operators into individuals, and C, and C, F will cooperate with all legal procedures for business registration, lease, and other relevant matters. At the time of conversion into corporations, C, and F will share.

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