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(영문) 서울고등법원 2017.01.26 2016나6554

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On December 19, 2014, Co., Ltd. (formerly before the change of Defendant B Co., Ltd.) was established on the basis of food and fruit manufacturing, import and sales business, and did not own any assets with a capital of KRW 2,00,000, and operated a business by leasing the factory machinery, apparatus, etc. from the Plaintiff.

As of May 12, 2015, the trade name of Defendant B Co., Ltd. was changed to Defendant B Co., Ltd. (hereinafter “Defendant Company”), and Defendant C was appointed as the representative on the same day.

B. On the other hand, on March 5, 2015, the representative director G of E prepared a written statement stating that “All capital, facilities, machinery, equipment, etc. necessary for the start-up and establishment of E, which are owned by the Plaintiff, are used by the Plaintiff after being leased capital, facilities, machinery, equipment, etc. from the Plaintiff, and all assets, stocks, machinery, equipment, bonds, etc. of E during the said lease period, are verified by the Plaintiff.”

C. Around 2015, D, a representative director of F Co., Ltd. (hereinafter “F”) and H, a company with the trade name, had been operating, decided to take over the E Co., Ltd. (the shares of Co., Ltd. E and the Plaintiff leased to E), and the following documents were prepared in the process:

1) The F’s representative director and individual qualification D and the Plaintiff’s name “integrated transfer/acquisition agreement and payment note” (written as of May 21, 2015, the evidence No. 4 No. 4 was drafted as of May 21, 2015, and the content is as follows.

F and D verify that the machinery, apparatus, goods, vehicles, customers, claims, and raw and subsidiary materials of the Defendant Company owned by the Plaintiff have been entirely transferred or taken over on May 20, 2015, and that the transfer or takeover has been completed and completed, and that the transfer or takeover contract amount is KRW 303,270,000, whichever is less than KRW 150,000 among them shall be governed by D. C&C products.