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(영문) 수원지방법원 성남지원 2018.11.13 2016가합208125
명의개서절차이행등 청구의 소
Text

1. Of the instant lawsuit, the part of the claim for the confirmation of ownership against Defendant C among the instant lawsuit is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of corporate management assistance business, real estate development lease and sale business, etc. 2) The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of housing construction business, etc., and the Defendant A is a representative director of the Defendant Co., Ltd. and a representative director of the Defendant Co., Ltd. and a person holding 94,440 shares out of the shares issued by the Defendant Co., Ltd. (hereinafter “instant shares”) and the Defendant B owns 85,560 shares

B. On June 8, 2015, the Defendant Company entered into a monetary loan agreement with the Plaintiff and the Plaintiff to borrow KRW 12% per annum, interest rate of KRW 1,400,000,000 per annum, interest rate of KRW 36% per annum, and interest rate for repayment at the time when two months have elapsed since the loan was transferred to the Defendant Company’s account, and subsequently, borrowed KRW 50,000,000 on June 9, 2015 from the Plaintiff to the Defendant Company’s account at the Defendant Company’s bank account, respectively, and borrowed KRW 900,00,000 in total (hereinafter the above loan agreement referred to as “the instant monetary loan agreement”), and the debt therefrom is “the instant loan obligation”, and the aforementioned loan amount is “the instant loan borrowed amount.”

2) Defendant A guaranteed the Defendant Company’s debt of the instant loan, and Defendant A and B (hereinafter “Defendant shareholders”) agreed to set up a pledge on the instant shares owned by them against the Plaintiff.

3) Meanwhile, between the Plaintiff on June 8, 2015 and the Defendant Company, the apartment development project (hereinafter “instant development project”) between the Plaintiff and the Plaintiff on June 8, 2015, which is in progress by the Defendant Company, and the apartment complex development project for 50 parcels,

In relation to the business and management consulting services provided by the Plaintiff to the Defendant Company, and the Defendant Company shall pay the Plaintiff a consultation fee (hereinafter referred to as “the instant contract”).

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