logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.02.03 2016가합53550
구상금
Text

1. Defendant B and Defendant (Appointed Party) are as follows: (a) each Plaintiff KRW 127,445,676; and (b) June 21, 2016.

Reasons

1. Basic facts

A. From October 16, 2013, the Defendant Company was a stock company established for the purpose of a plastic food shop, and operated a restaurant with the trade name “G” from F8th floor of Gwangju Mine-gu (hereinafter “instant restaurant”).

The plaintiff is a director of the defendant company by January 14, 2016 and has been operated as a director of the defendant company. The appointed party E is a current inside director of the defendant company, and the defendant (appointed party) is a person who actually operates the defendant company at present.

B. On December 10, 2013, Defendant Company acquired loans of KRW 200,000,000 (hereinafter “instant loans”) from Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”) on a discharge basis, and the Plaintiff jointly and severally guaranteed the above loans that Defendant Company acquired on the same day.

C. On January 14, 2016, the Plaintiff and the Defendant (Appointed Party) transferred the shares and business rights, etc. of the Defendant Company in the name of KRW 452,00,000 to KRW 452,00,000. Of them, KRW 200,000, in lieu of Defendant (Appointed Party)’s acquisition of the obligations of the instant loan amounting to KRW 200,000,000, the Plaintiff entered into a corporate transfer contract with the following contents (hereinafter “instant transfer contract”) and drafted a certificate of stock transfer.

On the same day, the Plaintiff acquired part of the shares in the name of the Selection E and the Defendant (Appointed Party) in accordance with the instant transfer contract.

The shares of the Defendant Company were entirely transferred to the buyer, and the buyer E was appointed as the inside director of the Defendant Company.

Article 1 [Subject Matter of Transfer] of the Corporate Transfer and Receipt Contracts (including Business Rights) (Subject Matter of Transfer) (Subject Matter of Transfer) is as follows:

1) Total number of stocks owned by the Plaintiff and corporate body 2) assets on the balance sheet as of the date of total payment of business rights and assets owned by the Plaintiff.

arrow