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(영문) 춘천지방법원원주지원 2016.10.13 2015가합5534
주식양도대금등
Text

1. Defendant E shall pay to the Plaintiff KRW 2,00,000,000 as well as its annual interest from May 2, 2015 to October 13, 2016.

Reasons

Plaintiff’s assertion

The summary of the claim against Defendant B, C, and D 1) The Plaintiff and F are siblings. The Plaintiff is a corporation G (hereinafter referred to as “G”).

A) A shareholder holding 49% of the Plaintiff’s shares. F, holding 51% of the Plaintiff’s shares without the Plaintiff’s consent, transferred 39% of the Plaintiff’s shares to other shapes without the Plaintiff’s consent, and only 10% of the G shares in the Plaintiff’s name remains. F, around September 201, entered into a verbal agreement with the Plaintiff to purchase 10% of the Plaintiff’s shares in the Plaintiff’s G at KRW 2 billion. F, on August 2, 2012, the Plaintiff died, and Defendant B, C, and D were F’s co-inheritors, and the share of ownership is KRW 2/7, Defendant C, and D’s shares are KRW 2/7, and the share of ownership is KRW 200,000,000, KRW 37/7,147,142,57 (hereinafter the same shall apply) and damages for delay, each of Defendant B, 200,000 won.

In around 208, F and Defendant B concluded an agreement on behalf of the Plaintiff on behalf of the Defendant Company to compensate for the construction expenses incurred in the construction of a new restaurant and its affiliated restaurant, the Defendant Company: (a) paid the construction expenses of KRW 48,270,000 directly to the Plaintiff; and (b) subsequently, the Defendant Company is obligated to pay KRW 48,270,000 equivalent to the construction expenses pursuant to the agreement, as the Plaintiff directly paid the construction expenses of KRW 48,270,00 to the Plaintiff; and (c) the Defendant Company was obligated to pay KRW 48,270,000,000 to the Plaintiff; (b) by organizing the surrounding areas of the lusium and constructing the affiliated restaurant with the construction expenses; and (d) the Defendant Company had suffered considerable benefit; and therefore, the Defendant Company is obligated to return the amount equivalent to the construction expenses to the Plaintiff as unjust enrichment.

Defendant B’s ancillary claim against the Defendant B is KRW 48,270,000,00 paid by the Plaintiff individually to the Plaintiff with respect to the shop and its affiliated restaurant.

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