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(영문) 서울중앙지방법원 2015.04.08 2014나63437

대여금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From January 29, 2008 around January 29, 2008, the Defendant operated the instant business with the Plaintiff’s trade name “C” and “D” (E and F) sales business (hereinafter “instant business”).

(Representative is the defendant for convenience). (B) The representative is the defendant for convenience.

On March 19, 2009, the Defendant entered into a product supply agreement on the content that the F products manufactured by Salking C, which was exclusively imported and sold to Korea by Salking C, with the Sunax Bicle C. LTD (hereinafter referred to as “Salcam”), and entered into a contract on May 11, 2009 with G Co., Ltd. (hereinafter referred to as “G”) to sell the E products from Germany (S&V TND) as the agency of G.

C. Meanwhile, the Defendant issued a business investment proposal (No. 1) to the Plaintiff via a partner C, and proposed an investment in the instant project. The main contents are as follows.

The summary of the applicant company: D’s name: D’s name: D’s name: D’s (E, F’s special items: E is Germany’s name; D’s total number F’s name is 50% (30,000,000): Defendant’s equity ratio, 50% (30,000,000)’s equity ratio, 50% (30,000), required funds and funding funds: The purchase cost of KRW 883,20,000 (Hus 720,000,000), 163,200,200,000,000, 20,000,000,000,000, 30,000,000,00,000,00,000,000, 30,000,000,00,000,000 won or more, 10,005,05,00

2. Determination as to the primary cause of action