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(영문) 광주고등법원(전주) 2017.08.10 2014나3523
대여금
Text

1. The plaintiff's appeal against the defendant (appointed party) and the designated parties and the preliminary claim added by this court.

Reasons

1. Basic facts

A. The Plaintiff of the parties, etc. is a company established on May 14, 2004 for the purpose of food waste disposal business, etc.

By May 31, 2008, the Appointor C was the representative director of the Plaintiff, and the Appointor D was the husband of the Appointor C, and the director of the Plaintiff and the Defendant were the children of the Appointor C.

(hereinafter referred to as “Defendant, etc.” when referring to Defendant and Appointors. E was the representative director of the Plaintiff from office on May 31, 2008 to June 30, 2015, since he/she assumed office as the representative director of the Plaintiff.

B. The Plaintiff’s representative director, the Plaintiff’s representative director, and the Plaintiff’s representative director located in the Seoul Special Self-Governing City of Jeollabuk-do (hereinafter “A”) entered into a contract to transfer 120,000 shares of the Plaintiff’s 120,00 shares (hereinafter “B”) and the Plaintiff’s representative director E (hereinafter “B”) and the Plaintiff’s designated person, by transferring the shares as follows, and to transfer all the management rights and other assets directly or indirectly invested in the company’s management.

2. The term “B” refers to acquiring the Plaintiff’s total stocks and other assets (such as land annexed to a factory and factory buildings, machinery and equipment, transport vehicles, skiing routes, etc.) put into operation as KRW 2,450,000,000 per day, and its accounting standard date on May 31, 2008.

[The real estate of the company's basic assets includes real estate of the amount of 4,033 square meters (1,220 square meters) in Jung-gu, Jung-gu, Seoul Special Metropolitan City (2,950 square meters) and all facilities within the land owned by the company). (2) The other assets of the above paragraph (1) include real estate of 3,821 square meters (1,156 square meters) in Jung-gu, Jung-gu, Jung-gu, Seoul Special Metropolitan City (1,220 square meters) owned by the Selection, K-si, 3,821 square meters (1,156 square meters), total 7,854 square meters (2,376 square meters) in the name of the company, and the amount of payment under Article 3 (1) below to be calculated with 10 percent equivalent to the payment procedure for the real

(3) The term “B” means the total sales amount of KRW 800,000,000; KRW 128,330,562; KRW 100,000; and KRW 100,00,000; and

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