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(영문) 인천지방법원 2016.05.11 2014가합12528
대여금반환등
Text

1. Defendant (Counterclaim Plaintiff) E: (a) Plaintiff (Counterclaim Defendant) KRW 144,810,000; and (b) from February 28, 2014 to January 31, 2015.

Reasons

1. Basic facts

A. On September 13, 2013, Plaintiff A, Defendant E, and H are the business partnership agreement to manage G (business registration number: I, representative: Defendant D) and distribute profits by running the business together (hereinafter “instant business partnership agreement”).

(2) On November 20, 2013, Plaintiff A and H respectively paid KRW 200,000,000 as the bank account in Defendant D’s name, the representative of G. (2) Plaintiff A established Plaintiff B (hereinafter “Plaintiff B”).

B. Plaintiff C Co., Ltd. (hereinafter “Defendant C”) from Defendant E and F around October 26, 2013, around October 26, 2013.

(C) the agreement to acquire management rights (hereinafter referred to as “instant C underwriting agreement”).

(2) On December 5, 2013, the part incurred until December 31, 2012 from January 1, 2013 to October 25, 2013 in relation to Defendant E, and the part incurred from October 2013 to Defendant E, and the part that occurred from October 26, 2013, are subject to criminal liability of each citizen or criminal liability of Plaintiff A. On December 5, 2013, the Plaintiff and Defendant F entered into a share transfer contract with the purpose of acquiring the management right of Defendant C by determining as “Defendant F, transferee: Plaintiff A and J, and K,” and accordingly, the Plaintiff transferred KRW 70,000,00 to Defendant C’s bank account, the birth of Defendant D, as of October 17, 2013.

3) On January 14, 2014, Plaintiff A and Defendant E drafted a written statement stating that “A shall waive the Plaintiff’s acceptance of Defendant C, and Defendant E shall transfer to Defendant C the same by January 16, 2014, the acquisition price of KRW 144,810,00 (i.e., the above KRW 75,00,000, operating expenses of KRW 190,000 that the Plaintiff transferred to Defendant C bank account (i.e., the above KRW 70,000,000) that the Plaintiff transferred to Defendant C bank account (hereinafter “Settlement Agreement”). (ii) Plaintiff A and Defendant F shall transfer the same to Defendant C by February 10, 2014.

“Written Note” has been written, and on January 29, 2014, the gold “C-related passbook and passbook.”

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