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(영문) 춘천지방법원 2018.11.22 2018가단1684

회사운영자금

Text

1. The Defendant’s KRW 3,154,840 as well as its annual rate from May 12, 2018 to November 22, 2018.

Reasons

1. Basic facts

A. C, D, E, and F made a joint investment agreement with the Plaintiff operating real estate brokerage business on December 2, 2009 and with regard to the development of forest and fields located in Chuncheon City G, and entered into a joint investment agreement with the Plaintiff to manage the development and sale of land. The Plaintiff paid KRW 30 million to the Plaintiff with land purchase price and operation funds. A joint investment agreement, which includes the share ratio of C, etc., the Plaintiff’s profit distribution, the two-year joint investment duration, etc., was written on January 14, 2010.

B. C, etc. and the Plaintiff established the Defendant Company on January 15, 2010, and C took charge of the representative director, D, and F respectively.

C. On January 28, 2010, the Defendant Company divided the instant G forest into KRW 15,794 square meters of G forest, and KRW 13,774 square meters of H forest (hereinafter “instant forest”). On March 17, 2011, the Defendant Company divided the said G forest into KRW 172 square meters of the said G forest by the Plaintiff who obtained permission for development activities from the Chuncheon mayor on January 8, 2010; and on March 17, 2011, the said 872 square meters of the said land was divided into I; hereinafter the said land is collectively referred to as “the instant forest land”; when the said land is collectively named, the instant forest land shall be purchased at KRW 30 million, setting a lot number, and completed the registration of ownership transfer under the Defendant Company’s name.

The Plaintiff was in charge of the practice of establishing a defendant company in accordance with the above joint investment agreement, and thereafter entered the defendant as a full-time management worker and served until January 5, 2015.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 3, 6, 7, 9 (including additional numbers), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Determination:

A. The summary of the Plaintiff’s assertion is that (i) the Plaintiff, while serving as the managing staff of the Defendant Company, transferred KRW 20 million to F upon the Defendant Company’s recommendation to pay the Defendant Company’s capital, and (ii) the Plaintiff paid KRW 34,243,840 in its own money, including acquisition tax, property tax, partition survey, and tax account keeping charges imposed by the acquisition of the instant land. As such, the Defendant Company is liable to pay the said money and damages for delay.