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(영문) 대구지방법원 2016.11.24 2016가합2097

인감반환

Text

1. The defendant shall make the plaintiff joint representative among the corporate seals of the limited liability company C of the agricultural company.

Reasons

1. Basic facts

A. On May 22, 2014, the Plaintiff and the Defendant jointly established “A limited company of agricultural company” (hereinafter “C”) for the purpose of cultivating and distributing agricultural products (V) and jointly operated as a joint representative director. However, the Plaintiff and the Defendant concluded a joint business agreement (hereinafter “instant joint business agreement”) with the main contents of business planning, finance, accounting, and construction, under the Defendant’s responsibility, to take partial charge of the business planning, research, operation, and consulting, under the Defendant’s responsibility.

B. On June 11, 2014, the Plaintiff and the Defendant established C pursuant to the above joint venture agreement and assumed office as a joint representative director of C.

C. In establishing C, the Plaintiff and the Defendant: (a) removed two seals of joint representative director C, in which the seals indicated in the attached Form are printed; and (b) as joint representative director, the Plaintiff and the Defendant respectively use them; (c) however, the Plaintiff allowed the Defendant to use the corporate seal to be used by them; and (d) the Defendant possessed all of them, while performing financial and accounting affairs.

C On August 9, 2014, with the Korea Development Bank Co., Ltd. (hereinafter referred to as “the Korea Development Bank”) that is a mushroom cultivation business entity, C entered into a contract with the Korea Development Bank (hereinafter referred to as “the Korea Development Bank”) with the content that C provides consulting services to the Korea Development Bank, and that C shall pay each month the cost of consulting to C. The contract is signed with two joint representative directors who affix their seals.

E. However, on October 29, 2015, the Defendant, upon notifying the owner under the name of C of the violation of the above consulting agreement, sent a certificate of content that “A shall pay consulting expenses under the above consulting agreement and the Plaintiff shall not pay any nominal money to the Plaintiff.” The above content certification bears two joint representative directors who affix their seals.

F. Next, the Defendant: (a) on November 20, 2015, C-C.