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(영문) 서울동부지방법원 2017.05.10 2016가합102854
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 196,00,000 to the Defendant (Counterclaim Plaintiff) and against this, from January 17, 2017 to May 10, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that newly constructs, sells, sells, or sells housing, and C Co., Ltd. (hereinafter “C”) is a company that carries on housing construction and supply business.

B. C, on March 30, 2015, for acquiring the right of management of the Plaintiff Company, entered into the Plaintiff’s representative director D and management rights agreement (hereinafter “first agreement”) with D, etc., and entered into a share acquisition agreement with five shareholders of the Plaintiff, including D, and the entire issuance of the Plaintiff’s shares. Upon entering into the first agreement, Article 10 (Change of Representative Director of Plaintiff) of the first agreement relating to the instant case is as follows. ① At the same time, D, upon entering into this agreement, shall take procedures for taking office as the representative director of the Plaintiff and deliver relevant documents to a certified judicial scrivener designated by C, and shall take the procedure for registering the change of the Plaintiff’s representative director. At the same time, C bears the burden of expenses. ① Notwithstanding Article 12 (Management Right and Funds Execution Right), C cannot exercise the Plaintiff’s right of management and capital execution until the payment to D is made to D, and all management rights are verified to D. However, it is confirmed that C and 2, as a matter of principle, shall proceed with C’s share acquisition and management rights.

On the other hand, in a de facto marital relationship with FD representing D, the representative director of the Plaintiff is E.

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