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(영문) 대전지방법원 2018.08.08 2017가단216902
기타(금전)
Text

1. The claim of this case is dismissed.

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

Reasons

Basic Facts

On April 11, 2008, the plaintiff, the defendant, and C entered into the first agreement (hereinafter referred to as the "first agreement") on the same trade.

The target project is a project for performing construction works ordered by E, which is creating an industrial complex of the Corporation in the D branch of the Chungcheongbuk-gun, Chungcheongnam-do (hereinafter referred to as the "instant project").

The amount of investment between 3 parties was set as follows:

The Defendant already paid KRW 200 million to E, and the Plaintiff paid KRW 200 million to the Defendant by borrowing KRW 200 million from the Plaintiff’s transaction bank as security of the Defendant’s real property (the date immediately preceding the contract date) C paid the above loan to the Defendant, and if the business itself is to pay KRW 100 million upon occurrence of funds after June 2008, the Plaintiff shall immediately return the investment amount to the Plaintiff and pay the damages for delay by 3% per month from the time when the funds were not accrued.

The plaintiff, the defendant, and C determined that shares and business management rights can not be transferred to others.

The plaintiff paid KRW 100 million to the defendant on April 10, 2008 in accordance with the first agreement.

On August 7, 2012, the Defendant of the second agreement and C drafted an agreement in the name of the Plaintiff, Defendant, and C three as the title “Agreement on Implementation of Agreements”.

The content states that “the Defendant shall transfer 50% of the shares in the instant project to C, and at the same time, the Defendant shall be liable and repaid to C with KRW 100 million borrowed from the Plaintiff.”

(B) On August 20, 2012, the Defendant and C agreed to transfer 50% of the shares agreed jointly with F on December 2, 2011 to C, transfer 40% of the shares to G designated by C, transfer C’s land to another person designated by C, and C, upon transfer of the Defendant’s debt of KRW 1.495 billion to the Defendant’s industrial complex, and then dispose of the shares after sale.

A at the time of the preparation of the second agreement.

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