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(영문) 서울동부지방법원 2016.09.28 2015가합106682
청구이의
Text

1. On June 1, 2011, the Defendant drafted by a notary public against the Plaintiff as the 2011 Certificate No. 106, which was 2010.

Reasons

Basic Facts

Upon entering into an investment contract between the Plaintiff and C, the Plaintiff (formerly: D Company) is a company running a performance hall rental business. On July 18, 2005, the Plaintiff entered into an investment contract with C (hereinafter “C”) to raise funds necessary for the new construction of a performance hall, with a total of KRW 5.4 billion (i.e., project investment amount of KRW 2.4 billion (2.4 billion additional investment amount of KRW 6 billion additional investment amount of KRW 6.4 billion) to the Plaintiff.

As of September 17, 2009, the Defendant, who acquired the management right against the Plaintiff, agreed to pay in installments the amount of KRW 52 million each year from 2010 to 2014, KRW 520 million, KRW 894 billion in 2015, KRW 1.578 billion in 2016, and KRW 1.578 billion in 2016, respectively.

A contract for acquisition of bonds, stocks, and management rights (hereinafter referred to as “instant acquisition”) was entered into.

The Defendant also acquired C’s bonds and convertible bonds issued by the Plaintiff from C in accordance with the contract. On September 15, 2009, E, the Defendant’s representative director, was appointed as the Plaintiff’s representative director, and began to operate the Plaintiff Company.

On June 1, 2011, E of the issuance of promissory notes and the preparation of notarial deeds issued promissory notes (hereinafter “instant promissory notes”) with the Plaintiff’s representative director, who is the issuer, the Defendant, the payee, and the due date at sight, with the face value of three billion won per annum (hereinafter “instant promissory notes”). On the same day, F written by a notary public as to the instant promissory notes as the No. 106 of the No. 2011 No. 106 of the No. 1011.

The defendant's dismissal of the defendant's unpaid acquisition price and E, but the defendant's transfer price in 2012 is part of the acquisition price to be paid in installments to C.

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