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(영문) 서울중앙지방법원 2016.07.22 2014가합51379
주식양수대금반환
Text

1. The Defendants jointly share KRW 101,00,000 with respect to the Plaintiff and the period from March 17, 2009 to July 22, 2016.

Reasons

1. Basic facts

A. Defendant B (hereinafter “D”) around August 2008, around 2008, entered into the first acquisition of management rights between the Defendants.

Defendant C, who was the representative director of Defendant C, had a negotiation with Defendant C to take over the shares and management rights of Defendant C. At the time, Defendant C was holding D shares owned by it (hereinafter “instant shares”).

(2) On August 18, 2008, Defendant C received a notice from the Seocho Mutual Savings Bank to the effect that “I will sell the shares of this case without repaying the borrowed money,” and around August 18, 2008, Defendant B made a proposal to the effect that “I will recover the shares of this case offered as security of the above obligation after having repaid the borrowed money to the above Savings Bank if I paid the borrowed money with the borrowed money.”

3) Accordingly, around August 18, 2008, Defendant B entered into a contract with Defendant C to acquire all management rights of D with KRW 2.5 billion, and KRW 471,000 of D shares owned by Nonparty E with KRW 500 million (hereinafter “instant contract for acquisition of management rights of KRW 1”).

(B) Upon entering into the instant contract, Defendant C’s transfer of KRW 1 billion to Defendant C’s deposit account at its own customer, and received the instant shares offered as security from Defendant C. The Defendants offered as security. (B) Defendant B discovered that “The instant shares are to be returned to Defendant C on the date of appointment, etc. of directors after the lapse of approximately 2 to 3 days from the date of entering into the instant contract for acquisition of management rights between the Defendants.” However, Defendant C provided that “whether the instant shares are not to be returned to Defendant C on the date of appointment, etc. of directors,” but Defendant C did not transfer the instant shares as security.

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