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(영문) 부산고등법원 2015.06.11 2014나8967

보증채무금

Text

1. The plaintiff with respect to the primary claim that constitutes the money ordered to be paid under the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff’s investment is recommended by G, the representative director of E Co., Ltd. (hereinafter “E”) on May 2006 to make an investment in the business that purchased a factory site and sells it after constructing a factory site (hereinafter “instant business”), and around May 4, 2006, the Plaintiff’s investment is recommended to make an investment in the business that purchased and sells the factory site (hereinafter “instant business”).

8. Each remittance made an investment of 200 million won.

With respect to the above investment amount, E representative director G: (a) borrowed 200 million won from May 3, 2006 to the Plaintiff (the above loan certificate was signed or sealed by the Defendant, C, and D as the observer) and the face value of 200 million won; (b) the date of issuance; (c) May 3, 2006; and (d) May 3, 2008; and (c) the Defendant, C, and D, who worked as E outside directors on May 2006, signed and sealed as joint and several surety on the investment contract (hereinafter “instant investment contract”); and (d) delivered it to the Plaintiff.

The developer of an investment contract: E representative director G investor: For the convenience of preparing the Plaintiff’s contract, E refers to “A” and the investor refers to “B”.

1. “A” and “B” shall be the same until the completion of this project in the event they are transparent and sincere in carrying out the FF project.

2. A’s request for recovery of investment amount of B at any time within two years is accepted at the time during the two-year period.

3.As a general rule, distribution of net profits shall be made in consultation with G and C, taking into account distribution issues of investment funds, contribution of 200 million won at the initial investment of B, contribution of 200 million won at the end of the settlement of the project.

Matters for reference: E representative director G and C at the time of land purchase.

B. The legal relationship E of each of the instant lands purchased each of the instant lands in order to secure access roads to the project site with the money received from investors, including the Plaintiff.