beta
(영문) 부산지방법원동부지원 2019.01.10 2017가합103152

청구이의

Text

1.(a)

A notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff shall draw up the CGeneral Law Office.

Reasons

1. Facts of recognition;

A. The defendant is a company established for carrying on real estate sales business, etc., and D (hereinafter "D") is a company established to carry on a sales agency business, etc., and the defendant is a company that has invested funds in the E apartment sales agency business in Changwon-si, which was conducted by D.

In addition, the plaintiff was registered as the representative director of D on June 25, 2014, and on November 8, 2016, the plaintiff was registered as the representative director.

B. The Defendant made an oral investment agreement with the F in which “the Defendant invests KRW 4,30,00 in connection with the E apartment sales agency business in Changwon-si, and 20,000,000,000 to D’s internal directors, at the time of 100% of the D’s shares held by the Plaintiff in order to recover the Defendant’s investment amount, shall be transferred to H and I, who is the Defendant’s related party, in 30%, respectively. He, I, and J, who is the Defendant’s related party, shall be appointed as D’s internal directors, and appointment of G, who is the existing director, as the joint representative director, and J who is appointed as the new internal director, shall be appointed by the related party as the joint representative director, and the parties to D shall be jointly and severally liable for the return of investment amount.”

C. In accordance with the terms of the above investment agreement, around November 2016, the Defendant and D drafted an investment contract (Evidence 4) stating that “The Defendant shall invest KRW 4.3 million in D with respect to the sales agency business, shall be entitled to 60% of D’s issued stocks, and shall be appointed and registered as joint representative director and directors of D, and the sales agency fees paid D shall be used for redemption of the Defendant’s investment, and shall be returned in full within three months from the date of the preparation of the investment contract” (Evidence 4).

In addition, the Plaintiff, I, and H drafted each share acquisition agreement (No. 2) with the content of “transfer of 3,000 shares issued in the Plaintiff’s name to I and H”.

Since then, on November 22, 2016, the defendant deposited 430 million won to D.

(e) However, D shall return its investment proceeds.