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(영문) 수원고등법원 2020.07.02 2019나19265
구상금 등
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The relationship between the Plaintiff, Defendant B and C is the spouse of the Plaintiff-friendly P, and the Defendant C was a subordinate employee who had worked with the former Plaintiff.

B. Around May 13, 2003, the Plaintiff entered into a contract for share transfer/acquisition with E to purchase 3,250 shares of the Defendant Company (F Co., Ltd.) at KRW 2.6 billion, shares of G Co., Ltd. (hereinafter “G”) at KRW 500 billion, shares of KRW 1 billion in total, and KRW 3.6 billion in total.

(hereinafter “instant share sales contract”). In the instant sales contract, the Plaintiff and E acknowledged that the Defendant Company’s loans amount to KRW 1 billion, following the recognition of the loan amount of KRW 1 billion, the said loan was received by E, but the Plaintiff agreed to repay the loan amount.

(Article 5(1) of the Stock Sales Contract of this case

Pursuant to the instant sales contract for the registration of directors and the acquisition of shares according to the sales contract, around March 2003, Defendant B was registered as the director of the Defendant Company, and around May 2003 as the director and the representative director. On July 1, 2003, the Plaintiff acquired 20% of the shares in the Defendant Company, Defendant B A 40% of the shares, Defendant C C 20% of the shares, and M 20% of the shares, respectively, and M was registered in the respective shareholders’ register as the shareholders of the Defendant Company, and around that time, the Plaintiff held a title trust with the Defendant B’s own shares, and around that time, the Plaintiff was registered in the respective shareholders’ register as the shareholders of the Defendant Company, Defendant C’s 40% of the shares

Around June 21, 2003, the Defendant Company received a loan of KRW 500 million from a corporate bank on or around June 21, 2003, and on or around June 25, 2003, the said money was transferred to the Plaintiff’s account with the representative director’s provisional payment, and was withdrawn on the same day and paid to E.

On June 26, 2003, the Defendant Company obtained a loan of KRW 850 million from the N Bank, and among them, KRW 350 million was withdrawn from the payment by the representative director on June 27, 2003 and deposited into the Plaintiff’s account.

On June 27, 2003, the Defendant Company paid KRW 90 million from the Enterprise Bank.

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