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(영문) 수원지방법원안양지원 2020.06.18 2019가단103506

대여금

Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. The conjunctive Defendant’s KRW 60,000,000 and this shall apply to the Plaintiff.

Reasons

(3) Within 3 months from the time of withdrawal, A shall participate in management on the condition of B’s corporate management partner, B shall pay 2,00,000 won monthly salary to A and provide one office. <4> The dividends arising from business profits shall be distributed 1/2 of net profit to A and B, respectively. 6 The first shareholder of B shall act on behalf of B: < Amended by Act No. 3 (Performance of Investment ① Total of 50,000,000 according to the formation of this Agreement) and shall be implemented as follows:

1. Investment amount: 50 thousand won;

2. Date of investment: On September 15, 2017;

(a) Cash: 50 thousand won;

(b) Details: Account number of a National Bank:**, D (Deposit on September 15, 2017).

(c) Payment terms: The actual representative of the Company shall be D mother B (Defendant B).

D. Loans: A shall deposit KRW 10,000,000 in the passbook of the Defendant Company’s National Bank (hereinafter “Defendant Company”) with the head office of the Defendant Company’s National Bank (hereinafter “Defendant Company”) upon the request for an urgent loan of the representative of the Company B: The amount of loan requested by the representative B for the purpose of establishing the direct Gu website during his/her stay in the United States; the investor (A) address: the representative of the Plaintiff Company (B): The representative of Seongbuk-gu in Seongbuk-si in Gyeonggi-do: Defendant B resident registration number: **** the Plaintiff Company’s name: the Plaintiff transferred the amount of KRW 50,00,000 to the bank account under the name of D pursuant to the instant investment contract, and transferred the amount of KRW 10,000,000 to the loan account under the name of the Defendant Company on September 27, 2017.

[Ground of recognition] The plaintiff's claim against the defendant B is judged as to the purport of Gap's evidence Nos. 1 through 3 and the whole argument (the plaintiff's claim against the main defendant) and the party who entered into the investment contract of this case with the plaintiff is the defendant B, not the defendant company.

Therefore, Defendant B is obligated to pay to the Plaintiff the investment amount of KRW 60,000,000 under the instant investment contract and delay damages therefor.

Judgment

who is the party to the contract is the party involved in the contract.