beta
(영문) 서울북부지방법원 2019.09.19 2018가합21375

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) The Plaintiff is a corporation that operates a wedding business. F is a corporation that operates H wedding hall in Gangnam-gu Seoul Metropolitan Government G (hereinafter “I”).

2) The Defendant is the spouse of the J, a professional manager of the wedding business.

3) K was registered as the representative director of the Plaintiff from July 20, 2015 to May 9, 2016, and on August 31, 2015, K is a person who was registered as the representative director of the Plaintiff, and it is owned by the Plaintiff on August 31, 2015, Dongdaemun-gu Seoul (hereinafter “instant building”).

1) As to the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of 1.95 billion won against the debtor as the debtor

B. B. F and the Defendant’s business partnership agreement 1) F drafted and delivered to J a letter of commitment performance that, around November 30, 201, the amount of the loan amounting to KRW 500,000 to KRW 250,000,000 each on December 15, 201 and December 25, 2011, the said loan obligation was not repaid on the agreed date.

2) Thereafter, around September 2016, F proposed to the J for the entrusted management of H funerals, and the J accepted F’s proposal and made the following arrangements with respect to H’s operations and operation (hereinafter “instant agreement”).

A. [Establishment, etc. of Juristic Person A] (J), B (F), and C (I) establish a separate legal entity for the smooth operation of wedding halls, and the representative shall be appointed by A or A. (hereinafter omitted).

1. The initial cost of KRW 600,000 shall be financed by A from a third party.

(hereinafter omitted)

2. The above KRW 600 million shall be used for the repayment of the unpaid debt in connection with the operation of Byung.

(hereinafter omitted)

(a) B and C must provide C with the business creditors and debt details of C and pay D in the most transparent manner with respect to the performance of repayment of KRW 600 million;

B. The above A.

(b) does not fall under paragraph (3);