logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.02 2018가합2809
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 25, 2007, the Plaintiff’s summary of the Plaintiff’s assertion invested a total of KRW 400 million in D Co., Ltd. (hereinafter “D”) in the name of C, respectively, together with the Plaintiff’s children C.

D Around that time, there was an agreement to pay C the sum of KRW 400 million of the investment principal and KRW 800 million of the investment profit.

The Plaintiff and C agreed that the above KRW 80 million should be divided into KRW 400 million.

Since then, the defendant acquired the claim for the investment agreement amount in the above C name from C.

In addition, the Defendant agreed to pay without delay the amount of KRW 400 million equivalent to the Plaintiff’s share upon receipt of the said investment agreement.

However, the Defendant received the above KRW 190 million from D, and completed provisional attachment execution for the remaining KRW 610 million, but did not pay the Plaintiff KRW 400 million.

Therefore, the defendant is obligated to pay the above KRW 400 million and the damages for delay to the plaintiff.

2. In full view of the evidence and the purport of the entire pleadings submitted by the Defendant, the fact that the Defendant acquired shares of KRW 400 million related to D’s business investment funds from C on June 28, 201, and that the Defendant was appointed as a company director on September 15, 201, can be acknowledged. However, this fact alone cannot be acknowledged as the Plaintiff’s allegation, and no evidence exists to deem otherwise.

(3) As the Plaintiff did not appear at the date of pleading, the documentary evidence attached to the Plaintiff’s complaint cannot be deemed to have been actually submitted. It is so decided as per Disposition by the assent of all participating Justices on November 8, 1991.

arrow