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(영문) 서울중앙지방법원 2013.10.04 2013가합25687
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking into account the descriptions of Gap evidence Nos. 1 through 8, 12 through 15, 20, 23, 24, 26, 28, Eul evidence Nos. 2, 4 and 7 (including each number), and the whole purport of the pleadings:

Plaintiff

The share shares 250,00,000 shares issued by the Seocho Certified Architect, Inc. (hereinafter referred to as the “Spoles”), A, and the share shares of the Plaintiff Co., Ltd. (hereinafter referred to as the “Spoles”) were shareholders of the 103,610 share shares issued by the Seocho Certified Architect, Inc. (hereinafter referred to as the “Spoles Engineering”), who are shareholders of the Plaintiff Spoles 103,610 share shares (4%), A, 83,390 share shares (3.36%) and the share shares of the Plaintiff were 63,00 share shares (25.2%).

B. On March 2007, Seo Young Engineering agreed to transfer the total supervision records of Seo Young Engineering (a approximately KRW 710,000 square meters) to KRW 2.1 billion (hereinafter “instant supervision performance agreement”). On April 2, 2007, the agreement certified as a deed signed by a private person and entered into this agreement through an audit by an accounting firm for Seo Young Engineering in the future.

In addition, on April 11, 2007, KRW 210 million was paid out of the above payment.

In addition, on April 19, 2007, the Western Engineering and the defendant announced that the defendant would merge the West Engineering and that the creditor and the shareholder who have an objection would raise an objection.

C. After that, around May 2007, the transfer price of the instant supervision performance agreement was added to KRW 28 million to the Korea Electric Engineers Association of Seodaemun Engineering for the settlement of investment certificates and KRW 2.128 million.

The shareholders (Plaintiffs and A) of Seo Young Engineering and Seo Young Engineering and the Defendant shall divide this contract into an electrical supervision transfer contract and a stock transfer contract under the instant supervision performance agreement, and shall conclude the contract by dividing it into an electrical supervision transfer contract and a stock transfer contract. The contract between Seo Young Engineering and the Defendant on June 7, 2007 is related to the electrical supervision of Seo Young Engineering.

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