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(영문) 수원지방법원안양지원 2020.05.14 2019가합104254
기타(금전)
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. Defendant C Co., Ltd (hereinafter “Defendant C”) was established in around 2007 and engaged in aggregate extraction business, etc.

On September 3, 2014, the Plaintiff and Defendant B had been appointed as a joint representative director of the Defendant Company and operated the Company.

B. On December 4, 2018, the Plaintiff and the Defendants entered into a corporate transfer and takeover agreement (limited to the main contents; hereinafter “instant contract”) with D Co., Ltd. (hereinafter “D”) with the Defendant Company at KRW 3.45 billion as follows.

1. The representative of the transferee and the indication transferor of the amount of transfer: B [Consent A] total amount of transfer: 30 million won per day ( 3,450,000 won per day); and

4. Cooperation for the succession of a contract, methods of paying the price, etc.

A. The performance of the transferor: (4) In addition, according to the claim by the transferor B, the representative of the transferor, the transferee shall accept it and pay KRW 13.99 billion out of the total purchase price to A (including E).

⑤ As a result, if A pays KRW 13.99 billion to the transferor B, the transferor’s representative will be paid KRW 20.6 billion.

C. The Plaintiff received a total of KRW 1.39 billion from D and Defendant Company from December 5, 2018 to December 18, 2018 as the settlement amount for acquisition price under the instant contract.

[Ground of recognition] Facts without dispute, Gap 1 to 4-4 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that Defendant B, through consultation with D, induced the Plaintiff to the effect that “The acquisition price agreed with D is KRW 2.95 billion,” although the acquisition price was determined as KRW 3.45 billion, Defendant B, who was the Plaintiff.”

The Plaintiff, in trust with Defendant B, entered into a verbal agreement which provides for the acquisition price of the instant contract in KRW 2.95 billion (hereinafter “instant oral agreement”). Based on the said oral agreement, the Plaintiff remains, on the basis of the said oral agreement, with the Plaintiff worth KRW 1.39 billion out of the acquisition price.

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