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(영문) 서울고등법원 2017.01.26 2015나2071366
대여금 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 111,44,809 and KRW 50,00,000 among them.

Reasons

1. Basic facts

A. (1) The Plaintiff is a stock company established on March 11, 2013 to operate petroleum and petroleum products sales business, wholesale and retail business, storage and transportation service business, etc. The Defendant is a stock company established on August 13, 1997 to conduct soil construction business.

(2) Of the details of executives of the Plaintiff and the Defendant, the relevant part of the instant case is as follows.

(A) Plaintiff (1) The details of Plaintiff A: He/she has been appointed as a representative director and an intra-company director at the time of establishment and has been employed until now. D: He/she has been appointed as an intra-company director at the time of establishment. D; Presidential Decree No. 24279, Jun. 9, 2015; Presidential Decree No. 24479, Sep. 9, 2013; Presidential Decree No. 24779, Oct. 19, 2014>

(A) end of 2013: J, D and G 3.33% (b) as of 2014: J, K, and G 3.33% (4) as of September 10, 2013; F, G, and D agreed as follows:

(B) No. 12, A (F), B (G), and C (D) shall enter into an agreement with a view to arranging the amount of the Plaintiff's investment jointly established by three persons as follows:

Article 1 (Purpose) This Agreement aims to settle 10% of the Plaintiff’s shares and all expenses invested by Company A and to maintain the current site of the Plaintiff’s supply (Dongan City L and H).

Article 2 (Adjustment Amount) Eul shall pay Gap total of KRW 175,00,000 (other expenses 125,000,000) and all the expenses required at the time of the establishment of the plaintiff and Eul total of KRW 300,000 (other expenses 125,00,000) which Gap directly invested in the plaintiff.

Article 3 (Time and Method of Payment) (4) Purchase of the Plaintiff’s stocks owned by A in KRW 150,00,000 from A, and the cycle is to be that of B and C.

(5) F, G, and D are on October 1, 2013.

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