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(영문) 대전지방법원 2018.01.18 2017나107634
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Based on the facts, G as the father of the Plaintiff’s father, was appointed as the inside director of H Co., Ltd. (hereinafter “H”) on February 17, 2010, and had been practically operating H since that date, and the J is the de facto spouse of G de facto marriage.

From December 20, 2007, Defendant C, E, and F were registered as the representative director, director, or auditor of the Defendant Company and operated the Defendant Company together.

H’s agreement on the transfer of business rights and partial payment of the price was suspended due to the bankruptcy while constructing a main apartment (L apartment; hereinafter “instant apartment”) on the ground of 1,30m2 in Daejeon-gu, Daejeon-gu.

After that, on November 201, the Defendant Company (hereinafter “Defendant Company”) entered into an agreement on the instant apartment construction project with M, which served as the representative director of H, and as the representative director of H, as follows:

(hereinafter “A”: (State H J, M: B; B

2. "A" transfers the right to execute the apartment of this case to "B", and "B", when submitting the right to execute the apartment of this case to the financial institution and obtaining a loan, shall set the right to collateral one billion won with the maximum debt amount in the name of "A".

3. "B" does not change shareholders or officers without permission of "A" while the content of this Agreement is implemented.

4. The term "B" shall submit a written consent to the change of the name of the project undertaker to which "A" was issued to the Gu office and shall designate "I Co., Ltd. (M)" as a joint contractor at the same time.

5."A" transfers 40% of the H shares to "B".

6.Subject to the acquisition by transfer of the licenses and the shares above, "B" shall be paid to "A" total of KRW 1150,000,000,000,000, but the method of payment shall be as follows:

300,000,000 Won on the date of the preparation of this Agreement;

(b) up to March 31, 2012, 200,000 won:

C. 650,000,000 won prior to the completion of the instant apartment construction.

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