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(영문) 서울고등법원 2015.03.18 2014나14704
대여금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

A. A. Around February 2006, D, the Defendant’s representative director, entered into an agreement on the transfer of the Defendant’s operating rights (hereinafter “instant transfer agreement”) with the Plaintiff as follows, on his/her personal qualification.

Of the defendant's shares, 20% shares owned by the plaintiff and 35% shares owned and managed by D shall be sold to E in the purchase price of KRW 650,00,000.

E shall pay KRW 300,00,000 out of the above purchase price to the Plaintiff at the time of the conclusion of the transfer agreement of this case, and D shall transfer the above 35% share to E or E, and E shall pay the remaining 350,000,000 out of the above purchase price to the Plaintiff within 30 days after the conclusion of the transfer agreement of this case, and transfer the above 20% share to the Plaintiff or to the person designated by E.

At the same time, the Plaintiff receives KRW 300,000,000 out of the above purchase price, and at the same time, deposited KRW 50,000,000 to the Defendant prior to the appointment of a construction project for the implementation of the construction project for the maintenance and improvement of the open market, which was jointly implemented by the Defendant, with the deposit for the Plaintiff’s acquisition of part of the right to vicariously sell in connection with the maintenance and improvement project of the open market, and at the same time receiving KRW 350,00,000 out of the above purchase price, as well as receiving KRW 350,00,000 from the deposit to

D, at that time, the Plaintiff and the Plaintiff deposited KRW 150,00,000 to the Defendant pursuant to the Assignment Agreement, which was the representative director of the Defendant, agreed that the Defendant would use the transfer agreement as the Defendant’s operating capital prior to the selection of the contractor for the implementation of the project for the maintenance and improvement of the universal market.

(hereinafter referred to as “the instant deposit agreement”). Consolidated E transfers the amount of KRW 150,00,000 to the Defendant bank account on February 8, 2006, and KRW 150,000 to the Defendant bank account on February 16, 2006, pursuant to the instant transfer agreement, at the request of the Plaintiff as the purchase price for 55% shares of the Defendant’s shares.

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