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(영문) 창원지방법원거창지원 2014.11.20 2013가합654

채무부존재확인

Text

1. The Plaintiff’s notary public C office with respect to the Defendant is a repayment contract of debt No. 664 on October 19, 2012.

Reasons

1. Basic facts

A. The Plaintiff (former company name: D) is a company established on March 14, 2008 in order to conduct the business of collecting forest aggregates, etc., and the non-party E Co., Ltd. (hereinafter “non-party E Co., Ltd.”) was established on July 24, 2008 in order to conduct the business of manufacturing forest aggregates, etc., and both companies were actually operated by F at the time of its incorporation.

B. On January 29, 2010, in order to raise the operating capital of the non-party company, F made the non-party company enter into a business agreement with the non-party company to “if the defendant invests KRW 500,000,000 in the non-party company on January 29, 2010, the non-party company transferred the non-party company’s equity interest (the face value of KRW 60,000) to the defendant and repaid KRW 440,000,000 out of the defendant’s investment amount by January 29, 201, and paid KRW 120,000,000 or more of the non-party company’s operating revenue to the defendant every year (hereinafter “the business agreement of this case”).

C. In addition, in order to raise the operating funds of the non-party company, F entered into an additional business agreement with G with the Plaintiff’s representative director who was in charge of the Plaintiff’s business.

(1) A business agreement dated 28, 201 (hereinafter “instant business agreement”): If G invests in KRW 700 million in a non-party company, it shall be repaid in equal installments for three years (2012 to 2014). Instead, F shall transfer part of the shares of the non-party company owned by it to G and delegate the management of the non-party company to the non-party company for six years (hereinafter “instant third business agreement”): A business agreement on April 23, 2012 (hereinafter “instant third business agreement”): It is similar to a substitution of the contents of the instant business agreement with respect to the operation of the non-party company, but it is agreed to implement the agreement after obtaining a resolution of the board of directors on important matters, such as the sale of assets, guarantee, various contracts, etc., when G operates the non-party company.

G acquiring some shares and operating rights of the non-party company and the defendant on July 2012.