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(영문) 서울고등법원 2018.10.26 2018나2024323
양수금
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

The reasoning of the judgment of the court of first instance, which cited this case, is as follows: (a) according to the assertion to supplement and add the reasoning of the judgment of the court of first instance, the reasoning of this case is as stated in the reasoning of the judgment of the court of first instance; and (b) as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act, is the same as the stated in the reasoning of the judgment of the court of

The last sentence of paragraph (1) (hereinafter referred to as the "Agreement on Repayment of Investment Funds") shall be written in the following manner:

The plaintiff (B), the defendant (A), and C (A) agree as follows in a letter of promise to repay the investment amount:

1. The Defendant shall pay KRW 800,000,000 to the Plaintiff by December 31, 2016.

2. C is liable if the defendant fails to pay the above amount.

3. Byung decided to purchase the shares of the Defendant owned by Eul and the purchase price shall be KRW 200 million.

4. On the completion of Articles 1 and 2 above, it shall be deemed that the Plaintiff has repaid all the investment principal and earnings with respect to KRW 1 billion invested in D Co., Ltd. (hereinafter referred to as “D”), and the Plaintiff does not raise any objection against C as a civil or criminal charge.

5.B shall not request the return of the following land invested in kind:

(1) Gangwon-do Iron-gun I. (2) Gangwon-do Iron-gun J. (3) Gangwon-do Iron-gun (4) Gangwon-do Iron-gun

6.B No auditor shall, as a security, raise an objection against C’s loan to use A’s assets as operating funds.

On April 24, 2014: Defendant Representative C (person): Plaintiff A(person) Byung: The part of the May through 5 of the first instance judgment of the first instance court of the first instance shall be written in the following order:

C. As to the defense of invalidation caused by a tort, the gist of the Defendant’s assertion is that the Plaintiff is merely a creditor against D, and does not have any claim against the Defendant.

Nevertheless, the Plaintiff, in collusion with C, the representative director of the Defendant, shall pay KRW 80 million to the Plaintiff.

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