logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.12 2015가단44327
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings on Gap evidence 3 and Eul evidence 1 and witness D's testimony.

1) The Defendant is a corporation operating G from Japan E in Jeju to F with the trade name “F,” and Defendant Intervenor C (hereinafter “Defendant Intervenor”)

(2) As a major shareholder of the Defendant Company, the representative director of the Defendant Company from March 3, 2009 to February 23, 2012, and each company director from February 23, 2012 to April 4, 2013. Nonparty D and H are those who decided to acquire all the shares and assets of the Defendant Company from Nonparty C, and the Plaintiff is D and H.

B. D and H entered into a contract with C to acquire all assets, including the Defendant Company’s stocks and goodwill, from around November 7, 2012, around November 7, 2012, upon entering into a contract with C to acquire KRW 11.3 billion. The down payment of KRW 200 million is paid to C on November 7, 2012, and the balance of KRW 1.95 billion is paid to C until February 27, 2013, and the remainder is to be paid in lieu of the Defendant Company’s acquisition of the entire existing obligations (in particular, if the balance is not paid by the remainder, the share transfer and takeover contract is automatically terminated.

2) In addition, at the time of the above contract, D and H receive delegation of all management rights of the Defendant Company from C to jointly manage the down payment of KRW 200 million, and thereafter, D, H or joint representatives took charge of all civil and criminal liability arising therefrom. During the management period of the Defendant Company, profits accrued to the Defendant Company would bring about them, but if expenses are not appropriated from the profits of the Defendant Company, they would raise them, and they would settle the obligations of the small amount arising from other management and operation on the basis of the contract date.

3 On November 7, 2012, D and H transfer the down payment KRW 200 million to C by combining the funds borrowed from the Plaintiff.

arrow