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(영문) 창원지방법원밀양지원 2014.10.17 2014가합177
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 27, 2011, the Plaintiff purchased “the preemptive right of KRW 250 million out of the total face value of the bonds acquired by the Defendant from Nonparty C Co., Ltd. (hereinafter “C”) on January 27, 201,” and agreed to pay the Defendant each at the time when the Plaintiff exercised the new acceptance right until March 15, 2012, by exercising the Plaintiff’s right to pay the remainder of KRW 25 million to the Defendant at the time of exercising that right.

(hereinafter referred to as “the instant sales contract”). (b)

According to the above sales contract, the Plaintiff paid each of the Defendant the remainder KRW 225 million on December 30, 201, and the remainder KRW 225 million on January 9, 2012.

C. On January 9, 2012, the Plaintiff and the Defendant entered into an “Esca service contract” with Nonparty Law Firm Chungcheong and the instant sales contract (hereinafter “instant service contract”); and on March 15, 2012, when the Plaintiff received a claim from the Plaintiff for the issuance of preemptive rights by March 15, 2012 while keeping the preemptive rights, the Plaintiff immediately deliver the preemptive rights to the Plaintiff; when the Plaintiff did not exercise the preemptive rights by the said date, the Plaintiff returned the entire preemptive rights to the Defendant; and the Defendant agreed to confiscate the purchase price.

The Plaintiff did not exercise the said preemptive right until March 15, 2012, which was the deadline for exercising the preemptive right under the instant sales contract and the service contract, on the grounds that the financial situation of C is not good.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) The defendant asserted that the revocation claim caused the defendant's deception is closely related to C, such as that the representative director and the non-party D, who is an internal director, are in charge of the outside director of C, and it was well known that the financial situation of C at the time of the instant sales contract was difficult, but deceiving the plaintiff, thereby inducing the instant sales contract and the service contract.

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