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(영문) 수원지방법원 2017.07.21 2016가합533

약정금

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. D Co., Ltd. is a stock company established on March 11, 2013 to operate petroleum and petroleum products sales business, wholesale and retail business, storage and transportation service business, and E is a stock company established on August 13, 1997 to operate soil construction business.

B. At the time of the establishment of D Co., Ltd., Defendant B was appointed as the representative director and in-house director, and Defendant C was appointed as an inside director on October 4, 2013 and resigned on the same day, and resigned on June 9, 2015. The nominal owner of the following agreements and agreements related to the Plaintiff in relation to the instant case appears to be F, both the Plaintiff and the subject who bears or is entitled to bear the obligations under the following agreements and agreements:

Therefore, the Plaintiff, a spouse, also appears to be named F. The Plaintiff was appointed as an internal director and resigned on October 4, 2013.

C. On August 19, 2014, F, the spouse of the Plaintiff, was appointed as the E representative director and in-house director and has been in office until now.

On July 15, 2013, H, the general manager of G Co., Ltd., borrowed KRW 100,000,000 (hereinafter “instant loan”) from D Co., Ltd through F, the Plaintiff’s spouse, in order to resolve the unpaid wage problem.

E. On September 10, 2013, the Plaintiff and the Defendants decided to return to the Plaintiff the amount of KRW 300,000,000 (hereinafter “the instant investment amount”) invested by D Co., Ltd., and agreed to purchase and cycle a total amount of KRW 150,00,000 of the shares of D Co., Ltd. (hereinafter “instant purchase amount”) equivalent to KRW 150,000 (hereinafter “instant purchase amount”).

The Agreement shall arrange for the amount of investment of D Co., Ltd. jointly established by three of the three of the above "A (Plaintiff), "B (Defendant B)" and "A (Defendant C)" to be adjusted as follows:

Article 1 [Purpose] This Agreement shall be D Co., Ltd. invested by the Plaintiff.