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(영문) 춘천지방법원 영월지원 2018.11.29 2017가합317
투자금반환
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2.(a)

Preliminary Defendant is KRW 5 million for the Plaintiff.

Reasons

Facts of recognition

The Plaintiff’s father D and E refer E to “G” and the Plaintiff and the Defendants indicated “G” as “G,” but, in light of the evidence Nos. 1, 3, and 2, it appears to be a clerical error as to “E”.

The father F of the primary defendant is a person who has held the primary defendant's shares in the name of the plaintiff, E, etc. (D has actually operated the primary defendant), and the primary defendant is a person who holds the primary defendant's shares and is a representative director of the primary defendant from November 24, 2015 and currently operates the primary defendant.

On October 2016, F decided to transfer all shares held in the name of the plaintiff and E to the preliminary defendant around 2016.

Accordingly, on October 18, 2016, F representing the Plaintiff, F, and Preliminary Defendant concluded a contract with the following contents (hereinafter “instant contract”).

The above parties seem to be a clerical error in the Gangwon-do “Cheongbuk-do.”

In transferring or taking over the shares of HB Co., Ltd. (the main defendant) located in Young-gun, the following contracts shall be made:

1. The “G” described in the instant contract by Company B appears to be a clerical error in relation to “E”.

(See note 1). The exchange value for shares A (Plaintiff) shall be KRW 450 million.

2. C (Reserve Defendant) shall be the acceptance of all shares of Company B G and A in the aforesaid value.

3.C shall pay 150 million won as down payment to G and A at the same time as this contract is concluded, and shall pay 200 million won as part payments within two months from the date of this contract, and 100 million won as part payments within four months from the date of this contract, to G and A.

4. G and A shall notify C of the amount of money deposited by account and account account in advance when receiving the said money by message or other document.

5. A shall leave the present stock company B office and factory within 10 days after receipt of this down payment.

6. This.

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