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(영문) 서울고등법원 2017.04.07 2016나2048882

용역비

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1. The part against the defendant ordering payment in excess of the following amount in the judgment of the first instance shall be revoked, and the revoked part shall be revoked:

Reasons

Facts of recognition

While running a stock company C (hereinafter referred to as “C”), the Defendant promoted the condominium enforcement business (hereinafter referred to as “instant business”) on the D and one parcel outside Jeju City.

C In order to raise funds for the instant project, on March 27, 2014, upon the Plaintiff’s recommendation, the Plaintiff entered into a monetary loan agreement with E to transfer KRW 500 million from E Co., Ltd. (hereinafter “E”) to September 27, 2014, but at the time of repayment due, 60% of the company’s shares related to the instant project (including management rights) and all business rights (all kinds of authorizations and permissions) when repayment is not performed by the due date.

C In other words, on September 11, 2014, after borrowing additional KRW 500 million from E, C entered into a contract for borrowing corporate operating funds (hereinafter “instant loan agreement”) with the following contents.

Article 2 of the Loan Agreement for Corporate Operation Funds (Terms and Conditions of Loan and Repayment)

1. A (C) borrowed KRW 500 million ( 500,000,000) from B (E) on September 11, 2014, and intends to repay the loan to B by November 30, 201.

3. Within a week after the conclusion of this contract, A shall enter into a contract for the transfer of management and operation business rights as a corporation incorporated with "new corporation" as an operating corporation of this article and shall be submitted to B and implemented as follows:

- transfer 50 per cent of the shares of the management and operation enterprise to B;

-the representatives of the management and operation project corporations shall register the joint operation representatives designated by B (designated persons other than stocks) in addition to the representatives of A, and shall specify in the articles of incorporation details of the joint operation rights and corporate profits.

Article 3 (Repayment of Loans and 2.3 Obligations to Follow-up Performance for Non-performance of Loan) A recognizes the transfer of all Company C’s 60% (including management rights) and all business licenses (including all kinds of licenses and permits) to B in relation to the project area in operation as of the date of default on the repayment of the loan.

§ 5.