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(영문) 서울고등법원 2017.04.28 2016나8222
손해배상 등
Text

1. Of the judgment of the first instance court, the part against the plaintiffs corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. The facts under the basis of facts may be found as follows: (a) there is no dispute between the parties, or as described in Gap evidence 1 to 7 (including the branch numbers, if any; hereinafter the same shall apply); and (b) witness E of the first instance trial by taking into account the whole purport of the pleadings.

1) On February 19, 2013, Plaintiff A was employed as an intra-company director by Defendant C on February 19, 2013, and Plaintiff F (trade name after the change: G Co., Ltd.; hereinafter “F”).

In addition, each of the above companies entered into a joint agreement with the contents of operating horse riding classes as a new corporation established by investing capital and goods (hereinafter referred to as “instant joint agreement”).

2) At the time of the instant joint venture agreement, Plaintiff A agreed to lend KRW 50 million to F in order to resolve F’s legal issues (hereinafter “instant joint venture agreement”).

B. 1) On February 19, 2013, Plaintiff A lent KRW 50 million to Defendant C for one year according to the instant joint project agreement. According to the instant joint project agreement, Plaintiff A should lend the said money to F, but appears to have lent it to Defendant C with concerns that F would not have any means to repay the said money. Of them, the money to be treated as a deposit for provisional seizure was directly transferred to Pacific Co., Ltd. and directly paid the remainder to the said Defendant only (hereinafter referred to as “instant loan”).

(2) On March 25, 2013, Plaintiff A and Defendant C established Plaintiff B as a new corporation under the instant joint project agreement.

Article 3 [Transfer Price and Terms and Conditions of Payment]

4. Time schedule for payment of the price for transfer and incidental conditions - Article 4 that is included in the “sales and sales contract for business assets” in D (project implementation right, etc. and procedure for the transfer of assets subject to transfer).

1. All participating groups mediating horse riding education contracted with the status of "B", "B", "J" and "J" under this contract.

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