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(영문) 서울고등법원 2016.03.16 2015나19652

투자금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff and the Defendant-related Plaintiff began with the Defendant around 2005, and lived together with the Nonparty Company’s factory affiliated building from around 2008 to 2013.

B. The Plaintiff and the Defendant’s business operation (1) around the time when the Plaintiff met, the Defendant: (a) leased the building to KRW 20 million, monthly rent of KRW 1.3 million; and (b) run the high-pressure gas equipment manufacturing business, gas pumps, and compressed machine manufacturing business using the trade name “I”; and (c) around December 4, 2007, the Plaintiff incorporated the non-party company as the Plaintiff and operated the business by acquiring the factory site and the building.

(2) On November 27, 2013 from the date of incorporation of the non-party company, the Plaintiff was registered as the representative director of the non-party company from November 27, 2013 to the date the Defendant was appointed as the representative director. The actual operation of the company was in charge of the Defendant and the Plaintiff was in charge of managing the funds and the office of the non-party company. The wage ledger of the non-party company stated that the Plaintiff, the representative director, was paid KRW 1

(3) The Plaintiff’s new bank account in the name of the Plaintiff or the Plaintiff’s mother managed the income of the Nonparty Company or paid the price to the Nonparty Company by using a new bank account in the name of K. In short, the Plaintiff paid the Nonparty Company’s debt with the Plaintiff’s money in the said account, or transferred the money from the NA’s account in the name of the Plaintiff to the Nonparty Company’s account in the name of the Plaintiff or the Bank’s account (N).

C. The conflict and relationship between the Plaintiff and the Defendant (1) occurred with the Defendant who tried to ask for the non-party company to her children from around 2013, and the Plaintiff demanded the liquidation of the living relationship between the missing and the non-party company and the contributory portion for the non-party company.

(2) On October 8, 2013, the Agricultural Cooperative (O) account in the name of Nonparty Company deposited KRW 40 million with another account in the name of Nonparty Company, and on the same day, deposited KRW 40 million with another account in the name of Nonparty Company.