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(영문) 수원지방법원성남지원 2015.04.09 2014가합3098
약정금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from March 1, 2014, 191,400,000 won and its related thereto:

B. Defendant D.

Reasons

1. Basic facts

A. The F Co., Ltd. (a corporate registration number G, a company separate from Defendant B of this case; hereinafter “Nonindicted Company”) was established on January 6, 2006. As between April 19, 2006 and October 25, 2013, H, the wife of Defendant D, was in the position of internal director since January 18, 2010.

B. Since May 6, 2013, Defendant C was registered as the representative director of Defendant C Company I. Since May 6, 2013, Defendant D was in the position of director of each of the above companies between May 6, 2013 and August 20, 2013, and the said company’s trade name was changed to Defendant B Co., Ltd. (hereinafter “Defendant Company”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 4 and 7, and the purport of the whole pleadings

2. The plaintiff's assertion

A. On May 6, 2013, when Defendant C, D, and E were operating a non-party company as a partner of the partnership, the company acquired I on May 6, 2013 and changed its trade name to the Defendant company. Defendant E and C delegated all rights related to financing to Defendant D and kept their seal imprints and seals in the non-party company and the Defendant company.

B. Between April 12, 2013 and July 15, 2013, the Plaintiff lent KRW 100,000 to the non-party company, and KRW 139,060,000 to the non-party company, respectively, between July 17, 2013 and August 6, 2013. On August 5, 2013, between the Defendants and the Defendants, all of the documents, etc. necessary for the Defendants to continue to operate the business, including the total shares owned by the Defendant and the Defendants, the assets owned by the Defendant company, the ownership and the right to authorize the business place, the right to operate the business, the accounting book, and the amount equivalent to the amount borrowed by the Defendants from the Plaintiff, to KRW 239,250,00,000, but the Defendants were unable to pay the above amount to the Plaintiff and interest accrued thereon by 20% (from July 1, 2013 to 13, 2013).

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