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(영문) 서울중앙지방법원 2016.04.06 2015나39592

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. Basic facts

A. Plaintiff A is the representative director of E Co., Ltd. (hereinafter “Nonindicted Company”), and Plaintiff B is an executive officer of the Nonparty Company.

B. On June 1, 2013, the non-party company entered into a contract with Defendant C to commission the head of the center, and a contract to commission the head of the branch office with Defendant D, respectively.

Annexed agreements on the payment of fees for the contingent remuneration for the establishment of organization (hereinafter referred to as “instant annexed agreements”) shall be as specified in the attached Form.

C. On July 9, 2013, Nonparty Company paid to Defendant C KRW 4,835,00,000 after deducting income tax and resident tax from income tax and income tax, and KRW 2,4175,000,000 after deducting income tax and resident tax from income tax and income tax for the establishment of organization, respectively, and on August 23, 2013, Defendant D paid KRW 2,4175,000,000,000, which deducted income tax and resident tax from income tax and income tax for the establishment of organization.

On October 6, 2013, a non-party company entered into a contract with the Defendants to set up a pledge on deposit amounting to KRW 60 million in the name of the Defendants or their spouse, with the claims for advance payment fees paid or paid by the non-party company and for contingent payment fees for establishing a prior support organization as the secured claim.

E. On October 10, 2013, the Plaintiffs released the 50 million won check at each face value of Plaintiff A, and the Plaintiff B delivered it to Defendant C, respectively. On the same day, KRW 60 million, including the above check that Plaintiff A opened to the account of Defendant C, and KRW 60 million, including the above check that Plaintiff B opened to the account of Defendant C, was deposited respectively.

The non-party company established a pledge against the above 60 million won deposit claim deposited by the Defendants.

F. By December 2013, calculated pursuant to the instant subsidiary agreement, the percentage of achievement of the project plan was 50.6% by Defendant C, and Defendant D was 57.1% by 57.1%.

Accordingly, the non-party company was in the instant case on January 24, 2014.