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(영문) 서울서부지방법원 2016.04.21 2014가합7865

손해배상 등

Text

1. The Plaintiff Company A’s claim against Defendant C and the Plaintiff Company B’s claim against the Defendants.

Reasons

1. The facts under the basis of facts may be found as follows: (a) there is no dispute between the parties; (b) each entry in Gap evidence 1 to 6 (including the branch numbers, if any; hereinafter the same shall apply); and (c) a witness E’s witness E’s testimony by taking into account the whole purport of the pleadings.

1) On February 19, 2013, Plaintiff A was employed as an intra-company director by Defendant C on February 19, 2013, and Plaintiff F (trade name after the change: G Co., Ltd.; hereinafter “F”).

In addition, each of the above companies entered into a joint agreement with the contents of operating horse riding classes as a new corporation established by making investments in capital and goods (hereinafter referred to as “instant joint agreement”).

2) At the time of the instant joint project agreement, Plaintiff A agreed to lend KRW 50 million to F to solve the legal problems of F.

B. 1) On February 19, 2013, Plaintiff A lent KRW 50 million to Defendant C according to the instant joint project agreement. According to the instant joint project agreement, Plaintiff A should lend the said money to F, but appears to have lent the money to Defendant C with concerns that F would not have any means to repay the said money. Of them, the money to be treated as a deposit of provisional seizure would have been directly remitted to Cripha Co., Ltd. and directly paid the remainder to the said Defendant (hereinafter referred to as “instant loan”).

(2) On March 25, 2013, Plaintiff A and Defendant C established Plaintiff B as a new corporation under the instant joint project agreement.

C. (1) On April 5, 2013, Plaintiff B acquired all business assets from F (hereinafter referred to as “instant agreement for the transfer of assets”).

) Among them, the assets owned by Defendant D purchased KRW 277,728,00,00 at the end of 18ma, 2 bitr, 2 bitr, all of the equipment, and 21 horse riding club businesses operated by the Defendants and F, and their contractual status (business rights) by concluding a separate contract with the above Defendant (hereinafter “the above contract”).