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(영문) 제주지방법원 2018.12.18 2018가단54172
명의개서절차이행 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) Defendant B is a director of Defendant E and a representative director of Defendant F and G. (2) Defendant B entered into a share acquisition agreement on August 2017 with the payment per unit of KRW 10,00 for each of the H, I, and the Plaintiff and the Plaintiff as well as KRW 10,00,000 for each of the withdrawal units of Defendant E and F, and the share acquisition agreement on each of the acquisition units of KRW 4,900 for each of the Defendant E and F, and 5,200 for each of the entry units of Defendant G (hereinafter “instant acquisition agreement”).

3) On August 24, 2017, Defendant B submitted to the Plaintiff a letter of performance with the following content (hereinafter “instant letter of performance”).

(1) On the same day, Defendant B transferred to the Plaintiff KRW 8 million, KRW 46 million, and KRW 46 million to H, respectively. On the other hand, the Plaintiff and Defendant B prepared a notarial deed of loan for consumption with the purport that the Plaintiff lends KRW 1 billion to Defendant B on the same day, and Defendant B pays KRW 50 million on December 31, 2017, and KRW 50 million on June 30, 2018, respectively. Defendant B shall pay KRW 1.91 billion to the Plaintiff on the date of receipt of shares (Defendant E, Defendant F, and Defendant G)’s non-performance of the said agreement to the Plaintiff as follows. Defendant B shall also pay KRW 1.5 billion to the Plaintiff upon the termination of the agreement to the Plaintiff on August 24, 2017; Defendant B shall also pay KRW 300,500,000,000,000,000 to the Plaintiff.

The contract shall be entered into according to the non-performance of the contract by the defendant B, respectively.

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