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(영문) 부산고등법원 2015.09.09 2015나1437
약정금등
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. F, on January 30, 2012, decided to establish a company that is engaged in the steel structure manufacturing business with G and H, and the main contents thereof were as follows: (a) written an explanatory note for the establishment of the instant company (hereinafter “the explanatory note for the establishment of the instant company”).

회사 설립 경위서 ◇ 회사 설립목적(법인구조 회사 설립)

1. At the time of incorporation of a company, the whole F shall establish a company with the investment of the F in full, and the F shall operate and manage the company in a stable manner by adding steel structures, water treatment equipment sales, and other business items in the modern Heavy Industries based on work experience in the modern Heavy Industries;

The investment shall be promoted to establish a minimum amount of KRW 50 million on the basis of the minimum amount of funds.

2.The first capital shall be paid to G as soon as possible (three months) all the expenses incurred, including all the Company investments, in carrying out a loan as security by G as possible, of a personal house (multi-family), and shall be paid to G.

3. Three (F, G, and H) at the time of incorporation of a company shall be operated and managed as a registered director;

4. Vehicles will be used for business purposes by purchasing a NAS car for the purpose of business on the basis of a NAS car, shall be treated as a personal installment purchase (personal credit good condition) at present, and if a subsequent project is activated, the F will undertake to return to G in cash at the time when the dividends are paid to stockholders by stockholders.

(F) confirm the contents of the above and confirm the signature of each other to implement the mutual commitments.

B. The Plaintiff was established on February 9, 2012, and G and F acquired 4,700 shares of the Plaintiff, and H 600 shares, while G was appointed as the representative director of the Plaintiff, F and H as each in-house director.

C. Meanwhile, on July 20, 2012, F, as the Plaintiff’s listed director, shall deposit KRW 100 million as the Plaintiff’s registered director until October 30, 2012, respectively, with the implementation of the undertaking, the said amount is regardless of the company’s interest.

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