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(영문) 서울동부지방법원 2019.10.31 2018가합389
채무부존재확인
Text

It is confirmed that the Plaintiff’s obligation to the Defendants does not exist.

The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company whose purpose is D Lestop operating business, and establishment and operation business of the headquarters of Korean franchise regions. Defendant C served as the Plaintiff’s representative director from March 10, 2016 to May 16, 2017. 2) Defendant B Co., Ltd (former trade name is E Co., Ltd.; hereinafter “Defendant Company”) is a company with the purpose of franchise food and franchise business.

Defendant C was appointed as the representative director of Defendant C on June 30, 2016.

B. On May 10, 2017, Defendant Company agreed to transfer the Plaintiff’s shares and management rights to F Co., Ltd. (hereinafter “F”) (hereinafter “instant agreement”), and the main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to clarify the duty relationship between the defendant company and the F with respect to the specific contents and necessary matters for the transfer of management rights by the plaintiff.

Article 2 (Stocks Subject to Transaction)

1. The number of shares subject to transactions is 50% (5,000 shares) of the Plaintiff’s shares held by the Defendant Company and 50% (5,000 shares (5,00 shares) of the shares in the special relation of the Defendant Company.

2. The defendant company shall ensure that the shares of the defendant company as well as the shares of the defendant company are traded in the same conditions as provided for in this Agreement.

Article 4 (Repayment of Drawee Money)

1. F recognize the amount of KRW 550,000,000,000,000, out of the Plaintiff’s obligations presented by the Defendant Company, and ensure that it will be repaid in good faith after the transfer of management rights.

2. In principle, the provisional repayment shall be made within three months after the transfer of management rights with respect to the provisional repayment under paragraph (1), but if the full repayment is not made within the period, a separate repayment agreement in which the interest rate at the level of financial rights is applied to the remaining amount shall be prepared.

3. The defendant corporation shall actively cooperate or cooperate with the F in paying the Downs money in accordance with the purpose of responsible management even after the preparation of this Agreement.

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