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(영문) 부산지방법원 2018.06.20 2016가합51418
회사에 관한 소송
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant C’s relation 1) on July 12, 201, 201, Defendant D Co., Ltd. for the purpose of gathering, producing, and collecting rice snow (i.e., rice eye, i., e., embryos, and shot during the process of Domination) was changed in sequence to Defendant C Co., Ltd., Ltd., Ltd. (i., “F” on October 9, 2012; (ii) G Co., Ltd. on August 3, 2015; (iii) agricultural company on August 11, 2016; (iv) agricultural company on August 11, 201; (v) agricultural company on December 22, 2016; and (v) agricultural company on February 6, 2017;

hereinafter referred to as “Defendant Company”).

(2) Around June 2012, the Plaintiff established the J (hereinafter referred to as the “J”) for the purpose of distributing and selling rice-related products. Around June 2012, Defendant B established the representative director of the Defendant Company as Defendant C’s children.

(3) On June 23, 2012, J and Defendant Company entered into an exclusive supply contract including “the Defendant Company shall exclusively supply all products to J, form a distribution network, expand the market base, and lend KRW 500 million to Defendant Company,” and “J and the Defendant Company shall mutually transfer 49% of the shares in possession of the Defendant Company.” (B) Around July 201 through 8, 2012 pursuant to the above exclusive supply contract and the same business contract, both the Plaintiff and the Defendants.” (hereinafter “instant loan”). The Defendant Company purchased the rice screen, etc. with the said money, and then produced and supplied the rice snow material to J.

2) During the foregoing process, J paid a total of KRW 51,441,500 on several occasions in the form of advance payment of rice snow supply to Defendant Company, who was suffering from financial difficulties, from October 2012 to October 2013 (hereinafter “instant advance payment”).

3) On December 2, 2013, the Defendant Company (hereinafter referred to as the “Defendant Company”) was said to J on December 2, 2013.

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