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(영문) 청주지방법원 2015.06.03 2014가합2133
원상회복
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 21, 2010, D Co., Ltd. (hereinafter “D”) was a corporation established for the purpose of establishing and operating medical welfare facilities for the aged, and owned a lot of 6,924 square meters and four lots of land (hereinafter collectively referred to as “instant forest”). Plaintiff B was appointed as a director of D on April 26, 201, and Plaintiff A as the representative director of D on the same day.

B. B. As between F on November 9, 2011, D entered into a contract with F on the instant forest land, D to enter into a contract with F to contract the civil engineering works for welfare facilities for the aged (road part; hereinafter “instant construction works”) for the construction cost of KRW 160 million on the instant forest land, and Plaintiff B jointly and severally guaranteed the instant construction payment obligations against F on the same day.

C. On March 2, 2012, the Plaintiffs concluded a contract with F to transfer all rights and obligations with respect to D’s total number of stocks issued and management rights and business (the instant construction cost, design cost, and obligations for existing bank loans incurred prior to the D transfer date shall be borne by F; and the transfer price, with respect to the remainder after receiving a loan from the Nonghyup Bank and paying it within seven days after performing the loan (hereinafter “instant transfer contract”); and, on the same day, delegated F with F with all the authority to transfer D and transfer the instant forest land.

Plaintiff

B by May 21, 2012, the Plaintiff sent to F a certificate of intent to cancel the instant transfer contract if the remainder under the instant transfer contract is not paid by May 27, 2012. Meanwhile, F entered into a contract with G on May 22, 2012 on behalf of Plaintiff A, a representative director of D, to transfer all of the shares and management rights of D (hereinafter “instant transfer contract”).

E. On May 23, 2012, Plaintiff B indicated the parties to the contract as D (A: the representative director A’s legal agent/director B) and the Defendant (B) and the following.

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