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(영문) 창원지방법원진주지원 2020.02.25 2019가단32947

구상금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 79,233,607 and as a result, from April 30, 2019 to February 25, 2020.

Reasons

1. Facts of recognition;

A. On March 29, 2013, D entered into an investment (loan) agreement with Defendant B Agricultural Partnership Corporation (hereinafter “Defendant Corporation”) under the name of his/her spouse E with the following:

(2) On March 29, 2013, the Defendant Company invested KRW 200 million in the facilities for joint production of livestock excreta and excreta, which are executed in F at the time of Jinju (hereinafter “instant contract”).

3. On June 30, 2013, a facility for joint resourceization of livestock excreta performed by a defendant corporation shall be transferred 20% of the shares of the defendant corporation to E within 14 days after completion.

4. The defendant foundation shall pay interest of KRW 200,000 per month from March 29, 2013 to KRW 200,000 as to KRW 200,000 invested (loan) by E.

5. On March 29, 2013, Defendant Corporation created a right to collateral security (hereinafter “instant equity”) on KRW 200 million invested (loan) KRW 1/200,000,000, which is a director of Jinju-si (hereinafter “instant equity”).

6. E gives 20% of the shares of Defendant Corporation to Defendant Corporation at the same time, and with respect to the shares of this case owned by the Plaintiff, which were created by collateral security.

7.E is simultaneously transferred by the Defendant Corporation 20% of the shares in the Defendant Corporation, and at the same time, 200 million won invested by E is not a loan, but an investment amount invested in the Defendant Corporation, and the Defendant Corporation shall pay 10% of the monthly amount of KRW 200 million invested by E.

B. On March 29, 2013, as a director of the Defendant Corporation, the Plaintiff, pursuant to paragraph (5) of the instant contract, had completed the registration of creation of a neighboring mortgage to D with the maximum debt amount of KRW 200 million, the debtor, the debtor, and the mortgagee E (hereinafter “the registration of establishment of a neighboring mortgage of this case”), and D paid KRW 200 million to the Defendant Corporation.

C. On September 15, 2015, Defendant C assumes office as the representative director of Defendant C’s corporation and succeeds to the Plaintiff’s obligation and legal liability for the principal amounting to KRW 200,000,000 for Defendant E (D) as a lump sum, and is accordingly liable for reimbursement.