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(영문) 서울중앙지방법원 2014.12.18 2014가단89056
대여금
Text

1. The Defendants: KRW 35,00,000, respectively, and KRW 5% per annum from May 15, 2014 to December 18, 2014, respectively, to the Plaintiff.

Reasons

1. Facts of premise;

A. On February 23, 2012, the Plaintiff entered into a partnership agreement with Defendant C and D on the condition that the Plaintiff would pay KRW 7,200,000 to the account of Defendant B (hereinafter “Defendant Company”) as the Plaintiff’s share, Defendant C share 37%, and D share 43%.

B. On February 13, 2012, the Plaintiff had already transferred KRW 7,200,00 to the Defendant Company’s account, and was involved in trid affairs, such as taking office as an internal director of the Defendant Company under the said contract. Defendant C is an internal director, representative director, etc.

From September 10, 2013, the representative is in service.

As of February 15, 2012, the status of the shares of the Defendant Company as of February 15, 2012, among the shares issued 7,440 shares (e.g., 5,000 shares), Defendant C2,820 shares (the shares of 37.910%), D 3,180 shares (the shares of 42.742%) and Plaintiff 1,440 shares (the shares of 19.356%).

Applicant The largest shareholder D of the Defendant Company entered into a contract with the Plaintiff and the Defendant C on January 11, 2013 for acquisition of shares and management rights (hereinafter “instant agreement for waiver of management rights”).

(v) On February 7, 2013, D entered into a share acquisition agreement between the Plaintiff and the Defendant Company (hereinafter “instant share acquisition agreement”) whereby shares 2,206 shares were transferred to KRW 11,030,00, and KRW 974 shares of the Defendant Company between Defendant C and the Defendant Company (hereinafter “instant share acquisition agreement”).

B. The Plaintiff’s account transfer and D’s receipt of consideration (i.e., transfer of shares) transferred KRW 134,130,000 in total to the Defendant Company’s account on February 7, 2013 through February 13, 2013, and KRW 11,030,000 in total to the Defendant Company’s account on February 7, 2013 and KRW 4,870,000 in total to the Defendant Company’s account on February 7, 2013.

Luxembourg received KRW 15,900,000 from the Plaintiff and Defendant C for the acquisition of shares under the above stock acquisition agreement, and received KRW 134,100,000 in total from the Defendant Company’s account, and received KRW 150,000,000.

(c).

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