(영문) 수원지방법원안양지원 2016.09.22 2015가합101622

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안양지원 2016.09.22 2015가합101622

투자금반환 청구 등의 건

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the representative of D, a corporation operating a cafeteria located in Geumcheon-gu Seoul Metropolitan Government, and the defendant is a corporation for the purpose of manufacturing and selling food, etc., and is the defendant's shareholders, F (G's wife), H (G's birth), I, etc.

H seems to have transferred 3,300 shares of the Defendant to K around January 6, 2015.

(A) Evidence Nos. 6, 7-1, 1, 2). (b)

around September 25, 2014, the Plaintiff agreed on the transfer of management rights by G, J and the Defendant, etc., and on September 25, 2014, between G and J, the Defendant’s shareholder and H as a party to a contract, the following terms and conditions were agreed:

(hereinafter “instant investment contract”). 1. The Plaintiff invests KRW 300 million in the Defendant, and deposit money into the designated corporation account by October 13, 2014.

2. At the same time as Paragraph 1 of the preceding paragraph, F and H transfer the entire amount of shares 3,340 shares owned by shareholders of a juridical person to the Plaintiff or to persons designated by the Plaintiff at their responsibility, and make all the procedures implement smoothly.

3. Of the 300 million won invested by the Plaintiff, 16.3 million won out of the 300 million won invested by the Plaintiff shall be executed in order to accept the entire amount of the corporate loan of the Plaintiff I and the shares owned by the Plaintiff I, 13.3 million won shall be deposited into the shareholder I account, and 3 million won shall be deposited into the H account.

4.The shares owned by F and H shall be subject to separate contracts at the time when paragraph 3 is fulfilled.

After the conclusion of the instant investment contract, there was no separate contract between F and H on the shares owned by the said parties.

5. In the event that the preceding paragraph is fully satisfied, a person designated by the plaintiff shall serve as the representative director of the defendant, and assume legal responsibilities and obligations for all management of the corporation.

(H) On March 30, 2015, the Plaintiff shall accept the entire amount of shares owned by F and H prior to March 30, 2015, and at this time, KRW 200 million out of the corporate loan shall be repaid to F and H in 100 million each.

(c).

유사 판례

-수원지방법원 안양지원 2018.06.01 2017가합102209

-서울고등법원 2018.10.26 2018나2029748

-부산고등법원(창원) 2016.10.06 2016나21790

-대구고등법원 2020.06.25 2019나23351

-의정부지방법원 2017.04.13 2016나54545