beta
(영문) 대구지방법원영덕지원 2020.10.15 2019가합90

투자반환금

Text

The defendant shall pay to the plaintiff KRW 270,000,000 as well as 6% per annum from October 12, 2018 to September 16, 2020, and thereafter.

Reasons

. Of them, 208,00,000 won shall be subrogated to N Co., Ltd. by the Defendant, and 355,000,000 won in balance shall be paid by the Defendant first to the Plaintiff E after the completion of tin purchase by the Defendant, and shall be kept in one copy each by affixing a seal to the Convention;

On May 15, 2018, L Co., Ltd. among the Defendant’s 400,000 shares on May 15, 2018, has completed the entire process of acquiring 180,00 shares, K K 90,00 shares, I 80,00 shares, and J 50,00 shares. I was appointed to the Defendant representative director, K and J as the Defendant representative director, but M (the representative director of L Co., Ltd) was appointed to the Defendant representative director on September 2018, and reached the present process.

E. On August 31, 2018, the Defendant issued the Plaintiff a “Defendant-E settlement statement (hereinafter “instant settlement statement”) with the following content (hereinafter “instant settlement statement”) (the Plaintiff and the Defendant’s agreement based on the said settlement statement was “instant settlement agreement”). At the time, the Defendant’s internal director, at the time, confirmed the above content.

* KRW 563,00,000 in 1 billion investments of KRW 1,563,000,000 in KRW 563,00,000 in 1 billion on May 18, 2018

2. Expenditure details: ① Payment of KRW 208,00,000 for Defendant-N corporation (200,000) on May 18, 2018; ② Payment of KRW 30,000 (cash)-L on May 18, 2018; ③ Payment of KRW 20,000,000-L on May 28, 2018; ④ Payment of KRW 15,000,000 for Defendant-Plaintiff on August 28, 2018; and ⑤ Payment of KRW 10,000,000 for Defendant-Plaintiff on August 28, 2018; and KRW 10,000,000 for KRW 10,000 for Defendant-E10,000,000 for KRW 70,000 for Defendant-E0,000 on August 31, 2018; and

F. On October 11, 2018, the Defendant paid KRW 10 million to the Plaintiff.

G. C filed an application with this court for provisional attachment order regarding “The claim for return of the investment amount that the Plaintiff would receive from the Defendant by a smooth agreement between the Plaintiff and the Defendant,” with the Plaintiff and the third obligor as the Defendant, and this court accepted this on December 13, 2018, and issued a provisional attachment order against the claim (this Court 2018Kahap1036).

[Reasons for Recognition] There is no dispute;