배당이의
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. The reasoning of the lower judgment and the evidence duly admitted reveal the following.
Before each of the instant investment agreements was made, the F, the representative director of G Co., Ltd. (hereinafter “G”) and D Co., Ltd. (hereinafter “D”) did not have any awareness with the Defendant.
B. On July 15, 2009, the service contract drawn up between G and the Defendant was drafted at the low time, and G only delegated the I Distribution Agency duties to the Defendant as indicated in the lower judgment, and there is no indication as to KRW 200 million contributed by the Defendant. As the Plaintiff’s assertion, if the agreement was forged on July 15, 2009, then there is no disposition document regarding KRW 200 million received between G and the Defendant.
In addition, the Defendant, at around 12:28 on the same day prior to the preparation of the service contract, remitted KRW 200 million to the account in G name, and it is difficult to view that the Defendant, who did not have any awareness with F before the said transaction, paid a large amount of money without preparing any disposal document.
C. Each of the instant investment agreements has a seal imprint of D, other than G, and a seal imprint is also attached thereto, and the party that entered into a service contract with the Defendant is not G.
The Plaintiff’s assertion that G was merely subcontracted to the Defendant only the sales agency business, and if each of the instant investment agreements that the Defendant and G drafted was forged, it would be an example that F provides the Defendant with the certificate of personal seal impression as well as D along with the certificate of personal seal impression on July 15, 2009 and August 21, 2009.
At the time of the preparation of each of the instant investment agreements, D was not easy to prepare a performance guarantee for each of the instant sales contracts due to financial difficulties, and it was known that the Defendant contributed to G, etc. the money that the Defendant provided as the bonds of high interest.