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(영문) 전주지방법원 2016.01.07 2014가합6694
청구이의
Text

1. The request for intervention by the independent party of this case shall be dismissed.

2. The defendant belongs to the Daejeon District Prosecutors' Office against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established on April 16, 2012 for the purpose of the comprehensive waste disposal business, etc., and E was the representative director in the Plaintiff’s name until November 21, 2014, and F is the Plaintiff’s actual founder and operator.

B. Around April 2012, F, at the time of the establishment of the Plaintiff, demanded G to hold 5,500 shares of the Plaintiff instead of receiving KRW 500,000,000 from G as the operating fund for the installation of waste landfill facilities, instead of receiving an investment of KRW 50,00,00 from G.

C. 1) On May 21, 2013, the defendant and the intervenor met with F and E, and “the intervenor transferred F’s claim to the defendant, and the plaintiff reimburses the defendant with F with the amount of KRW 50,00,000 on behalf of F. If E withdraws from the representative director, E shall be excluded from the guarantee after the new representative director guaranteed the above obligation.” And the defendant, F, and E, at the notary D office of the Daejeon District Public Prosecutor’s Office affiliated with the Daejeon District Public Prosecutor’s Office on the same day, “the plaintiff shall repay 50,000,000 won to the defendant, and one of them shall be paid by the end of June 2013, and the remainder of 420,000,000 won shall be paid by the end of the notarial deed, and shall not be paid by the end of the notarial deed until the end of the notarial deed until the end of the 2014.20th day of each month.”

Around August 21, 2013, Plaintiff and F entered into an agreement with G, stating that “Plaintiffs shall repay to G 1.25 billion won, including investments, in installments, and at the time of repayment, G shall transfer stocks to F, and G shall not interfere with the management of the Plaintiff.”

E. After that, the Defendant rendered the instant notarial deed to the Seoul District Court on June 25, 2014.

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