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(영문) 서울중앙지방법원 2016.04.14 2014가합537255
잔여재산분배청구 등
Text

1. All of the lawsuits against Defendant D and F Co., Ltd. filed by Plaintiff A are dismissed.

2. Plaintiff B and C’s Defendants

Reasons

Ⅰ. Basic facts

1. The relationship between the plaintiffs, defendant D, E and G

A. On May 25, 2009, Plaintiff A-related corporation (hereinafter “H”) entered into a material consignment agreement with G Co., Ltd. (the representative director I, hereinafter “G”) with the purpose of leasing, selling, etc. of construction materials, under which H entrusted the management of the temporary materials owned by it to G, thereby allowing H to run the temporary materials leasing business, and receiving a certain amount of usage fees from G.

On the same day, the plaintiff A guaranteed the H's debt under the above material consignment agreement, and the I guaranteed the G's debt.

B. Plaintiff B-related 1) Trade name of the J for the purpose of manufacturing and selling temporary materials was changed from “K” to “J of the Co., Ltd.” via “C” (at the time the representative director B and hereinafter “J”).

(2) On May 8, 2009, G transferred business rights, such as temporary materials owned by J, claims for refund of security deposit related to the leased site, three fork and operating authority of the leased vehicles, and rent claims from May 1, 2009 for the released temporary materials, to KRW 2.2 billion. Of down to KRW 500,000, KRW 200 million for down payment, the intermediate payment was concluded between May 8, 2009; KRW 500,000 on June 1, 2009; KRW 1.2 billion for the remainder on November 1, 2009; and KRW 1.2 billion for the remainder payment; from November 29, 2009 to November 30, 2009; and from November 30, 2009 to November 1, 2009, Plaintiff 200, as of November 30, 2009, Plaintiff 209.

C. Plaintiff C related 1) From June 2007, Plaintiff C served as a director of G and took charge of G’s overall duties with I. (2) Plaintiff C was appointed to the representative director of J on April 9, 2010.

Defendant D-1 lent total of KRW 2.8 billion to G from October 28, 2008 to December 30, 2010, and Defendant D.

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