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(영문) 서울중앙지방법원 2019.06.28 2018가합529757

대여금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. related to the parties (hereinafter “Nonindicted Company”) is a company that manufactures cosmetics of the brand called “E” as a manufacturing company and sells online and off-line stores. Defendant B is the representative director of the non-party company, and Defendant C is the executive director of the non-party company.

B. On July 201, 2011, the Plaintiff entered into a contract with Nonparty Company and the Defendants to make an investment of KRW 500 million with Nonparty Company (hereinafter “instant contract”) (hereinafter “instant contract”).

The Plaintiff (hereinafter referred to as “A”) was entered into, and the main contents of, the investment contract are as follows.

) The business operator and the non-party company (hereinafter “B”)

(2) The purpose of this Agreement is to determine the specific contents and necessary matters as a result of Gap’s investment in the management of Eul on the condition of acquiring new shares, and to stipulate clearly the rights and obligations relationship between Gap and Eul. Article 2 (Payment of Investment Funds) A shall invest 500,000 won (50,000) in Eul. Article 3 (Transfer of Shares)(1) provides that, in return for the investment of Gap, the face value of 80,000 won (20% of the issued shares) shall be allotted to Gap with capital increase of 6,250 won per share; (2) Allocation of new shares pursuant to paragraph (1) of this Agreement shall be made within 600,000 won per share; (1) increase of capital shall be made within 00,000 won per share; and (3) increase of capital shall be made within 600,000 won per share; and (1) increase of capital shall be made within 100,000,000 won per share; (1) increase of new shares shall be made within 3000,0000.