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(영문) 서울중앙지방법원 2015.11.13 2013가합88268
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C 1) D Co., Ltd. (hereinafter “D”) due to the occurrence of legal disputes

The defendant, who is the representative director of the corporation, is the corporation C on June 10, 2002 (hereinafter referred to as "C").

(2) After the financial standing of E, the Defendant entered into a contract with E on January 22, 2003 to re-transfer the entire shares of E (200,000 won) and most of the business facilities to E in the amount of KRW 6.5 billion.

However, as E does not perform its contractual obligations properly, the dispute arises between E and E, the notification was made on March 13, 2003 to the effect that E cancel the transfer contract.

3) However, in the situation where the above dispute arises with the Defendant, E is a stock company F on March 3, 2003 (hereinafter “F”).

(4) Around March 2003, the Defendant: (a) concluded a contract with G, the representative director of the C, to transfer most of the C’s business assets to F without a special resolution of the C’s general meeting of shareholders; (b) transferred them to F; and accordingly, (c) continued legal disputes between the Defendant and E and F; and (d) delegated the Plaintiff’s advisory commission as C’s adviser for all legal disputes arising between E and F; and accordingly, the Plaintiff performed duties related to the lawsuit against E and F.

B. Around December 304, 2004, the Defendant: (a) owned 20,000 shares of C (in its name, each of 80,000 shares, i.e., i., e., i., e., 80,00 shares); (b) on December 24, 2004, the Defendant entered into a contract with H to transfer the entire shares to H; and (c) on December 30, 2004, the transfer price was to substitute for payment of D’s obligations to the Korea Credit Guarantee Fund and the Korea Technology Credit Guarantee Fund on behalf of H with the Korea Credit Guarantee Fund; and (d) as between the Korea Credit Guarantee Fund on December 30, 2004, H concluded a contract with D’s liabilities to D, 383,351,737 Won on December 37, 2014.

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