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(영문) 부산지방법원 2016.06.09 2015가합40169

양수금

Text

1. As to KRW 156,00,000 and KRW 117,000 among them, the Defendant shall pay to the Plaintiff KRW 156,00,000 from January 20, 2015, and KRW 39,00,000.

Reasons

1. Facts of recognition;

A. C and D established the Defendant, a company conducting the business of leasing land and marine construction equipment jointly in around 2013, and C are in charge of the business and D purchased marine equipment, and C agreed to lease the necessary vessel related to construction works conducted in Vietnam by Samsung T&T Co., Ltd (hereinafter “T&T”) to Samsung T&T.

Accordingly, C and D ASEAN were issued 500 shares as the defendant's promoters and completed the registration of incorporation of the defendant on February 26, 2013, and C became the defendant's internal directors and F became the representative director of the defendant.

B. C entered into a lease agreement between the Defendant and Samsung C, and the Defendant entered into a lease agreement between Samsung C and Samsung C on March 2013, setting the lease agreement between the Defendant and Samsung C, setting the rent of the G seedlings at KRW 29 million per month and the rent of KRW 28 months from the start date of the lease agreement. A lease agreement between the Defendant and Samsung C on April 2013 was concluded between the Defendant and Samsung C on April 33, 2013 and the rent of H seedlings at KRW 24 months from the start date of the lease agreement.

C. On April 30, 2013, D, representing C and the Defendant, drafted an agreement on the payment to C of 4 million won (hereinafter “Agreement on April 30, 2013”), among rents received from Samsung C in relation to Yang C, and 45% of rental proceeds derived from deducting input expenses from rents received with respect to Yang C in relation to Yang C’s grave G, and 45% of rental proceeds derived from deducting input expenses (hereinafter “Agreement”).

On May 4, 2013, D representing C and the Defendant: (a) partially amended the terms and conditions of the above agreement and agreed as follows (hereinafter “instant agreement”); (b) one of the parties at the bottom of the said agreement stated “B(State) representative director F’s agent D” in the lower part of the said agreement.

The agreement of this case (hereinafter referred to as "the agreement of this case") is called the agreement of this case.

) D and C agree with each other to put rental equipment into the Vietnam site of Samsung C and C, and C are responsible entirely for equipment to be put into operation.