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(영문) 수원지방법원안양지원 2015.08.13 2014가단17792
주식인도
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 2012, Plaintiff A and the Defendant’s father D purchased an early fund from Plaintiff A, and constructed a new building through a PF loan to operate a wedding hall by selling five, six, and seven floors of a building to be newly constructed D (hereinafter “pre-agreement”), D, together with F and G, to operate a wedding hall under the pre-agreement.

B. Plaintiff A and D used the former B Co., Ltd. (hereinafter “Co., Ltd.”), which H had previously owned, to implement a project under the prior agreement. D, F, and G deposited total of KRW 2.8 billion with the former B Co., Ltd. on February 28, 2013 and March 1, 2013; however, Plaintiff A returned all of the above KRW 2.8 billion as the sales contract for the instant land was not concluded on March 2013.

C. On April 5, 2013, Plaintiff A and D established Plaintiff B Co., Ltd. (hereinafter “Plaintiff Company”) with a capital of KRW 50 million (10,000,000 per share, and KRW 5,000 per share).

The above 50 million won was lent from a bond company through the division of the secretary of the office of a certified judicial scrivener in charge of the affairs of establishing the Plaintiff company, and was immediately withdrawn after the incorporation of the Plaintiff company and repaid to the bond company.

Plaintiff

D’s Eastern K (2,400 shares), Defendant (2,300 shares), Plaintiff A’s wife (4,700 shares) and J (600 shares) acquired the Plaintiff Company’s new shares. K as the representative director of the Plaintiff Company, and Defendant and L as the inside director.

E. D transferred, under the name of M, KRW 1 billion on April 18, 2013, KRW 240 million on July 15, 2013, KRW 16.16 July 16, 2013, to the Plaintiff Company’s account, respectively. G transferred KRW 1.5 billion on July 16, 2013, and KRW 50 million on July 18, 2013 to the Plaintiff Company.

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