(영문) 창원지방법원 2018.01.23 2017나54972

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.01.23 2017나54972

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) was established on December 8, 2015 by setting capital of KRW 300 million.

B. On December 10, 2015, the Plaintiff entered into a business agreement with the Defendant for the operation of the non-party company, and the contents of the business agreement related to the instant case are as follows.

The 49% of the capital of Article 4 (Agreement Terms) (c) of the Business Agreement (Loan) shall be 49% on the loan to the plaintiff by the defendant or the person designated by the defendant, and the business agreement shall have the same effect as the loan certificate.

C. The defendant's Dong-si acquired 4,500 shares of the non-party company (10,000 shares per share) and 6,000 shares of the defendant's mother E, respectively, and currently held 10,50 shares equivalent to 35% of the total shares of the non-party company's 30,000 shares at the defendant's side.

[Ground of recognition] Facts without dispute, Gap 1, 3, and 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The defendant, at the time of incorporation of the non-party company, decided to borrow money equivalent to his/her shares because there is a lack of money in exchange for the contribution (Article 4 of the Business Agreement). The plaintiff paid the full amount of the contribution corresponding to the defendant's shares, including KRW 1.5 million, and the defendant's family member D and E acquired shares equivalent to KRW 1.5 million. Therefore, the defendant is obligated to pay the plaintiff 1.5 million won and the damages for delay. 2) The defendant's assertion that the defendant did not borrow 1.5 million won from the plaintiff in relation to the non-party company's business, and only agreed to invest the defendant's business in the non-party company's business as the defendant's business.

The shares of the non-party company acquired by the defendant are merely the price for the defendant's investment in five growing technology.

B. As long as the establishment of the relevant legal doctrine is recognized as authentic, the court shall record the disposal document.

유사 판례

-창원지방법원마산지원 2017.06.21 2016가단106479

-창원지방법원 밀양지원 2018.05.31 2016고단193

-부산지방법원 동부지원 2017.11.28 2017고합138

-광주지방법원 2017.01.24 2016노3810

-대전지방법원 2021.01.13 2019구합105756