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(영문) 서울중앙지방법원 2015.05.14 2013가합47137 (1)
주식인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (Representative C and Chairman D) is a company established for the purpose of civil engineering work, etc., and E (hereinafter “E”) was a company established for the purpose of the business of reprocessing petroleum refined, etc., and around July 201, the E’s equity structure was 90.81% by F, and F’s wife G had 9.19.19% by 9.

B. From April 2010 to April 2010, the Plaintiff was under consultation with F and E concerning the acquisition issue.

6.9. H. 300 million won shall be paid to F through H and the same year.

8. On 17.17. F and F enter into a “corporation (stocks) and a “contract for transfer and takeover of business rights” to acquire KRW 12.5 billion for acquisition price of E’s stocks, etc.

C. On July 29, 2011, the Plaintiff revised the acquisition price of KRW 8.4 billion between F and F, and entered into a “corporation (stocks) and a business license transfer agreement” with the content that the Plaintiff would substitute the F with the down payment of KRW 800 million that the Plaintiff paid to F until then.

On October 6, 201, the Plaintiff borrowed KRW 1 billion from I to use as the acquisition price of E, “the condition for delivery of KRW 10% of E’s shares after the completion of the acquisition of E,” and additionally borrowed KRW 1 billion under the same condition on the 31st of the same month, and the Defendant guaranteed the Plaintiff’s obligation to the Plaintiff.

E. The Plaintiff paid F KRW 1.7 billion out of KRW 2 billion borrowed from I as above to F as the acquisition price, and KRW 300 million as the business expense of E.

F. In order to raise the acquisition price of E, the Plaintiff sought a loan of E’s property as collateral, but the Plaintiff’s representative director C was refused to grant a loan due to the lack of good credit, and the Defendant consented thereto, and was appointed as the E’s representative director on November 22, 201, and was registered as the representative director on the register of E on November 29, 201.

G. After December 13, 201, the Plaintiff and F shall be KRW 6.5 billion [including the amount of a national bank’s loan on the collateral security interest (91,00,000,000) of the acquisition price of E around December 13, 201.]

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