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(영문) 서울중앙지방법원 2015.01.30 2014가합31122
계약무효
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 7, 2007, Defendant Saturdays entered into a contract for the transfer or acquisition of the electric supervision business with the following contents: D and E

(A) Evidence No. 8, hereinafter referred to as the “instant supervision transfer contract”). Transferor(C) and transferee(B): It shall transfer to B all the rights and obligations with respect to the comprehensive supervision of electricity operated by Defendant A.

The transfer price of KRW 860 million (excluding value-added tax) shall be paid on June 12, 2007.

B. On June 11, 2007, with respect to the shares issued by the Co., Ltd. (State), each share sales contract was formulated as follows, and thereby (State) the shareholders listed on the shareholder registry of the Co., Ltd became D(33.36%) Defendant Red Construction (41.4%) and Defendant Co., Ltd. (25.2%).

50,000,000 won per share for the purchase and sale of the seller’s shares 50,000 won per share for the Plaintiff B’s shares 650,000 won per share for the Defendant B’s shares 50,000 won per share for the purchase and sale of the seller’s shares 65,000 won per share for the Defendant B’s shares for the Defendant B’s shares 13,000 won

C. On June 12, 2007, a contract was concluded on June 12, 2007 on the transfer of 2.50,000 shares of (State) C Issuance to Defendant Saturdays at KRW 1.268 billion.

(A) Evidence Nos. 10 and 10 (hereinafter “this case’s stock transfer contract”) / [Evidence] without dispute, entry of Evidence Nos. 8 and 9-1 and 10, and the purport of the whole pleadings

2. The Plaintiffs asserting that the instant supervision transfer contract and the instant share transfer contract are invalid, and seek confirmation against the Defendants, as to the legitimacy of the instant lawsuit.

In the case of past legal relations, it is appropriate to have an effect on the present rights or legal status, and obtain a judgment on confirmation of the legal relations in order to eliminate risks or apprehensions with respect to the present rights or legal status.

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