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(영문) 서울고등법원 2016.01.14 2015나20089

보관금반환

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly serve as the Plaintiff 182,260,957 won and the Defendant.

Reasons

1. Basic facts

A. A. Around June 2012, an attorney F asked the Plaintiff operating G Co., Ltd. (hereinafter “G”) to lend funds necessary for acquiring the shares and management rights of H Co., Ltd. (hereinafter “subject company”) to the Plaintiff, and offered that the Plaintiff would pay 10% of the contingent remuneration that will be received by success in the above acquisition in the future, and that the Plaintiff consented thereto.

B. Accordingly, between G and G on June 19, 2012, F entered into an ecro-related contract (Evidence A2) with the content that “F shall immediately deposit KRW 300 million, which received for the acquisition of the shares and management rights of the target company.” The F shall execute KRW 300,000,000, only in cases where the acquisition contract is normally concluded upon the implementation of the acquisition fund of the target company without fail, and if the acquisition contract is not concluded by June 25, 2012, it shall promptly return KRW 30,000,000,000 to the Plaintiff.”

C. F On June 19, 2012, upon receipt of KRW 300 million from the Plaintiff, deposited in the Esck account managed by Defendant B.

Defendant B, the attorney at Defendant B, entered the other party to the preparation of a certificate of custody in F on the same day, and entered the other party to the preparation of the certificate of custody in F, 30 million won for the purpose of custody: Esck for an agreement on acquisition of stocks and management rights of the subject company, and the time of return: Terms and Conditions of Return:

1. If an underwriting contract for the shares and management rights of the target company is not concluded by the above time of return, such shares and management rights shall be refunded to F in exchange for cash storage;

2. In conclusion of an underwriting agreement for a target company, a person who is engaged in the I-company acquisition and merger and the fund brokerage business thereof with the consent of the F, and was seeking to enter into a funding brokerage agreement with F with regard to the funds of 45 billion won necessary for acquiring the shares and management rights of the target company.

payment to the Corporation.

‘The evidence No. 1' has been drawn up with the content of cash custody.

However, F, however, does not have to conclude an underwriting contract, F.