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(영문) 광주지방법원순천지원 2019.02.14 2018가합11399
투자금 반환 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is about 10,000.

Reasons

1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 7 (including paper numbers, hereinafter the same shall apply);

(i)each entry in Eul evidence 1 to 6, 8 to 11, and 13, the witness C’s testimony, and the purport of the whole pleadings);

A. The Defendant operated the non-party company as a shareholder and representative director of the non-party company D (hereinafter “non-party company”) which operates the oil sales business. From August 2017, the Plaintiff negotiated the acquisition by transfer of the non-party company to the Defendant and the non-party company through C who was in charge of selling the oil retail of the non-party company.

B. At the Plaintiff’s request during the negotiation process, the Defendant provided C with printed materials stating the current status of the Non-Party Company’s assets and liabilities (hereinafter “printed materials”) and the Non-Party Company’s financial statements, etc. based on the above documents, C explained that the pure debts of Non-Party Company amounting to KRW 96 million (i.e., debt amounting to KRW 546 million - assets amounting to KRW 450 million) to the Plaintiff.

E (State) Cargo and Marine Agent’s Debt: According to the purport of the Credit Guarantee Foundation No. 7-1 and the entire arguments, it means a loan obligation of KRW 300 million against the Non-Party Company’s Credit Guarantee Fund in relation to the F.S., which has been offered by the Credit Guarantee Fund

The loan (real estate loan, H) in the amount of KRW 150,000,000,000,000,000 won (F Bank Myp Sypbook) 51,000,000,000 won (F Bank Myp Sypbook): The land at 296,000 if the loan was extended, the amount of KRW 280,000,000,000,000,000,000 won (F Bank Myp Sypbook) was used for this purpose; the amount of KRW 45,000,000,000,000,000 (1520,000,000,000,000,000,000,000,000,000 won, and the amount borrowed between families, at the time of sale

C. On November 2, 2017, the Plaintiff entered into a contract with the Defendant to acquire a non-party company with a share price of KRW 70 million (hereinafter “instant contract”) and paid the said price separately, and up to April 30, 2018, the Plaintiff paid KRW 10 million with the office fixtures and fixtures.

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