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(영문) 인천지방법원 2017.08.23 2015가단43164

보증금반환

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 21, 2015 to August 23, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the collection and disposal of animal residues.

B. Since around 2004, C established the Defendant Company on June 5, 2012 while operating the meat packaging business chain in the name of its spouse D (hereinafter “E”).

C. At the time of the establishment of the Defendant, the representative director was F, and was D as an internal director. However, F resigned from office on June 11, 2012 and D was the only internal director of the Defendant.

D As of June 2, 2012, D drafted a contract for business transfer and acquisition with the content that all rights and obligations relating to E’s business are comprehensively transferred to the defendant.

Since July 2, 2012, D and G signed an agreement on business transfer/acquisition that comprehensively transfers all rights and obligations regarding the defendant's business to G as of July 2, 2012.

G was appointed as Defendant’s internal director on July 16, 2012, and D as Defendant’s representative director on July 16, 2012, and D resigned from office on August 17, 2012.

[Reasons for Recognition] Gap's Evidence Nos. 4, 6, 8, 10, 12, Eul's Evidence No. 1, the purport of the whole pleadings

2. On July 201, the Plaintiff’s assertion entered into a waste disposal contract (hereinafter “the first contract”) with C to supply animal residuess from E, on condition that deposit money of KRW 30,000,000 is paid, and the Plaintiff paid KRW 5,00,000 to the waste disposal business entity that traded with E before the Plaintiff, thereby accepting the deposit amount of KRW 5,00,000.

On October 23, 2012, after the Defendant comprehensively acquired all business rights and obligations under E, including the first contract, the Plaintiff remitted KRW 5,000,000 out of the deposit to the Defendant’s account. On November 21, 2012, the Plaintiff, at the Defendant’s request, remitted KRW 20,000,000 to H (H) Co., Ltd. (H), which is the Defendant’s business partner, to pay KRW 30,00,000.

The plaintiff is required to obtain the YCCP certification in the name of I Co., Ltd. (I) at the request of the defendant.