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(영문) 전주지방법원 군산지원 2017.02.07 2015가단56326

인수대금

Text

1. The Defendant’s KRW 80,000,000 as well as 5% per annum from September 1, 2013 to November 27, 2015 to the Plaintiff.

Reasons

Basic Facts

On October 1, 2012, the Plaintiff, Defendant C, D, and E acquired a business entity with respect to the spraying of livestock excreta from F to F in KRW 350,00,000.

The above acquisition price of KRW 350,000 was shared by the Plaintiff, Defendant C, D, and E, respectively, KRW 70,000,000. However, the Plaintiff and C, as a result, shared KRW 70,000,000 by the Defendant, KRW 40,000,000,000, and the shortage of KRW 130,00,000 was appropriated by the Defendant for the acquisition price upon receiving a loan from the Jeonbuk Bank.

D and E, around October 2012, expressed their intent to withdraw from the Dong company for the management of the company acquired from F (hereinafter referred to as “instant Dong company”) and received 20 million won from the Defendant, respectively.

In order to raise the above KRW 40,000,000, the Defendant borrowed KRW 50,000 from Modern Social Co., Ltd. (hereinafter “Modern Social”) on October 25, 2012.

around March 2013, the Defendant also expressed to the Plaintiff and C the intent to withdraw from the Dong enterprise of this case.

Upon accepting this, the Plaintiff and C returned KRW 40 million which the Defendant first invested, and decided to succeed loans and modern social loans under the name of the Defendant to the name of the Plaintiff or the Plaintiff’s wife.

Accordingly, around March 2013, the Plaintiff and C paid KRW 40 million to the Defendant each of KRW 20 million, and the Plaintiff’s wife G loaned KRW 52 million from modern money social on July 2, 2013 and repaid all of the modern social loans in the name of the Defendant.

However, the loans of the Jeonbuk Bank under the name of the defendant still remains in the name of the defendant.

On August 2013, the Defendant expressed to the Plaintiff and C the intent to operate the instant Dong company alone with respect to the Plaintiff and C, while the name of the loans of the Jeonbuk Bank under the name of the Defendant was not changed.

At the time, the defendant, under the condition that the Dong company of this case is operated alone, shall be equivalent to its investments.