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(영문) 서울고등법원 2016.07.01 2014나2002813

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a KOSDAQ-listed corporation the main purpose of which is the management and education business of private teaching institutes.

The trade name was changed on March 8, 2004 from “M Co., Ltd.” for the original system development project, to “N Co., Ltd.,” and on March 14, 2008 to “Co., Ltd. A”.

(hereinafter “Plaintiff”). On June 20, 201, the Plaintiff received a decision on commencing rehabilitation procedures by Seoul Central District Court 201 Gohap78, and the rehabilitation procedures were completed on August 23, 2013.

G, H, I, J, K, K, and L, including the defendant, are the plaintiff's subsidiaries or related companies.

D is a subsidiary of the defendant.

(E Shares 10%, Defendant 90%). On December 16, 2006, the Plaintiff merged L Co., Ltd. (hereinafter “L”) and H Co., Ltd on January 23, 2008, respectively.

B. On December 31, 2002, the Defendant’s balance sheet, as of December 31, 2002, was in a state of complete capital erosion exceeding KRW 323,215,507 of its liabilities.

On April 30, 2003, the plaintiff acquired from O in Hong Kong corporation the exclusive import and sale right and three employees of the defendant (from the first P to November 2003, the change of the defendant's trade name) in Korea from 100 million won.

As a result, the defendant remains a legal entity without any personal property at all.

On October 1, 2003, the Plaintiff transferred all 10,000 shares issued by the Defendant to Q Q ( Q and Hong Kong Scom; hereinafter “ Q”) in order to recover the Defendant to be liquidateded.

On October 29, 2003, the Defendant allocated 30,000 forfeited shares to F.

F paid 150,000 won on October 30, 2003 and acquired 30,000 shares.

Accordingly, F's share of the defendant was 75%.

R on November 10, 2003, invested KRW 100 billion to the Defendant and accepted KRW 20,000 per share (50,000 per share).

R on November 16, 2004, sold to the Defendant KRW 20,000 per share, which is 40% of acquisition price of Defendant shares.

(c) E.