(영문) 수원지방법원여주지원 2016.07.20 2015가합11051

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(영문) 수원지방법원여주지원 2016.07.20 2015가합11051

주권반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 21, 2013, the Plaintiff, as an internal director of the F Co., Ltd. (1) (hereinafter “F”), was operating F, entered into a contract with the Plaintiff on June 21, 2013, stating that, with respect to the sale and purchase of the golf course and the business license of Defendant B, F, the Plaintiff offered 20,000 shares of F as security, Defendant B paid KRW 200 million for the acquisition purpose, and the F’s total acquisition amount shall not exceed KRW 290 to 30 billion. Accordingly, Defendant B paid KRW 200 million to the Plaintiff around that time.

(2) After that, on October 27, 2013, the Plaintiff entered into a contract with Defendant B and again with the following terms (hereinafter “instant contract”). Accordingly, Defendant B paid the Plaintiff the remainder of KRW 300 million, excluding the above KRW 200,000,000,000, which was to be paid in cash at that time to the Plaintiff.

[This case’s contract] The Plaintiff (A) delegated all matters related to F’s golf course management and right to operate a golf course to Defendant B (B) as follows:

Article 1 – “A”’s 35,00 shares of F was the Plaintiff’s wife, and only 20,00 shares of F at the time of the instant contract, and N was the Plaintiff’s son holding 15,00 shares of F. The “35,00 shares of F” as stated in Article 1 of the instant contract refers to the sum of shares of M and N.

(70%) and the rest of 15,000 shares (30%) shall be offered as security to B, and shall delegate to G’s golf course operation rights, F’s management rights, and all the powers of major shareholders.

B - During the period of delegation and delegation of the F’s exercise of all sovereign rights, Eul may exercise all sovereign rights and voting rights in all management.

- The date on November 1, 2013 when A starts to delegate all the powers to B with respect to the exercise of sovereignty.

ARTICLE 2 – B shall be paid to A as follows:

1) The total amount of cash payments shall be KRW 50 million. The payment method is as follows. 2) Cash 500 million.

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