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(영문) 창원지방법원 진주지원 2017.01.11 2015가합628
계약금반환
Text

1. Defendant C’s KRW 300,000,000 and the Plaintiff’s annual interest thereon from July 24, 2015 to June 7, 2016, and the following:

Reasons

1. Basic facts

A. Defendant B is a corporation that is engaged in real estate sales business, etc.; Defendant C was solely registered as an inside director of Defendant B from March 18, 2013 to September 15, 2015; and the Plaintiff intended to acquire the Defendant B’s shares (hereinafter “instant shares”) from Defendant C.

B. In light of the fact that, around June 2013, in order to acquire the instant shares from Defendant C, the Plaintiff appears to have attempted to actually own each of the instant real estate held by Defendant C as the representative director after acquiring the instant shares from Defendant C, and that if the Plaintiff acquired the ownership of each of the instant real estate with Defendant C, it would be sufficient to conclude a sales contract with Defendant C on the instant real estate, and there is no reason to conclude a stock transfer contract with Defendant C, it seems that the Plaintiff intended to conclude a stock transfer contract with Defendant C, and that it was not intended to conclude a sales contract with Defendant B on each of the instant real estate.

Around June 24, 2013, the negotiation procedure was conducted with respect to the shares transfer and takeover contract (hereinafter “instant written opinion”) to Defendant C through a certified judicial scrivener E, and the written opinion of this case was delivered. The written opinion of this case, “the hospital site and building is contracted in KRW 3 billion, and the down payment is paid in KRW 200 million immediately. At the same time, the Plaintiff is registered as the representative director, F, and G as an in-house director, and the loan work is carried out. The remaining payment date of the remainder shall be no later than September 15, 2013, and if the balance is not paid, the down payment shall be immediately waived, and the Plaintiff, F, and G shall be dismissed from the office of the representative director and the inside director. However, as above, the registration of appointment shall be made and the registration of resignation and resignation of the Plaintiff, etc. shall be made.

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