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(영문) 서울중앙지방법원 2019.05.31 2018가합512896
주식양도 청구의 소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of management, financial consulting, etc., and F is a person who actually controls the Plaintiff.

The E Co., Ltd. (hereinafter “Nonindicted Company”), G, H Co., Ltd., and I are companies established for the purpose of the operation of golf courses, and the J is a person involved in the management of the said companies.

Defendant B and C, each of whom was the 10,000 shares issued by the non-party company, held 40,000 shares of the non-party company, K representative director of the non-party company, and Defendant L each of which was 40,000 shares.

B. On April 8, 2014, the J, such as the Plaintiff, F, and J’s agreement, had a debt of KRW 5.1 billion from F or a debt of joint and several sureties for the operation, etc. of a golf course around 2013.

On April 8, 2014, the Plaintiff, F, and J agreed to the repayment of the above obligation, including that “if the J sells a non-party company to a third party until May 30, 2014, it shall pay KRW 10.18 billion to the Plaintiff or the Plaintiff’s designated person, and if the non-party company is unable to implement the above repayment commitment, it shall purchase the PF loan promoted by the non-party company, and then transfer all the business rights and property rights of the non-party company to the Plaintiff or the Plaintiff’s designated person.”

C. Although the instant agreement and the instant share acquisition agreement were concluded, the J did not sell the non-party company, the Plaintiff, Defendant B, F, and J transferred all the land, total shares, management rights, and business execution rights of the non-party company to the Plaintiff as the representative of the shareholders of the non-party company on October 31, 2014. As to the said agreement, the J transferred all the non-party company’s land, total shares, management rights, and business execution rights to the non-party company as the representative of the non-party company’s shareholders, and the non-party B and the non-party

A. Of them, the content related to this case is as follows:

On the other hand, the Plaintiff, F, and J agreed on April 8, 2014 on the same day as the following Agreement:

hereinafter “instant agreement”).

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