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(영문) 서울남부지방법원 2016.12.16 2015가합5829
대여금
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 102,449,435 as well as for this.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a person who operates the clothing processing business under the trade name called “E,” and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant C”) is a corporation that runs clothes, raw materials manufacturing, production, export, import, wholesale and retail business, etc., and Defendant D is the representative director of Defendant C.

B. (1) On August 30, 2014, Plaintiff B entered into a business investment implementation agreement with Defendant C (hereinafter “instant investment implementation agreement”) with respect to the following terms and conditions:

The purpose of Article 1 is to confirm, in advance, certain matters in preparation for this contract regarding the provision of funds to the projects promoted by Defendant C with respect to the support of funds by Plaintiff B. The amount of the capital support under Article 2 is to support Defendant C with the daily amount of KRW 100,000 (Won 100,000,000) subsidized by Plaintiff B, and the specific date of the support shall be as follows: (i) the daily amount of KRW 100,000 (Won 100,000,000) of the daily amount of money (Won 1) before September 4, 2014 shall be deposited into Defendant C’s corporate account (SC Bank: F).

Article III Terms of Investment

1. Plaintiff B shall, under the terms of investment, actively cooperate with Defendant D’s representative director on the overall business (business, accounting, and production) developed by Plaintiff B.

2. Plaintiff B shall pay Defendant D KRW 2,50,000 after taxing from January 25, 2015 to KRW 2,50,000 as monthly salary.

Article 4 The period of contract shall be two years from August 30, 2014.

2) Plaintiff A entered into a supply contract with Defendant C on September 2, 2014; KRW 30 million on September 25, 2014; KRW 30 million on October 2, 2014; and KRW 100 million on November 10, 2014; and KRW 20 million on November 10, 2014; (c) the Plaintiffs entered into a contract with Defendant D on February 2, 2015; and around March 2015, 2015, the Plaintiffs entered into a supply contract with Defendant D on February 23, 2015, and around February 23, 2015, KRW 142,7250,000,000,000 on around March 15, 2015, respectively.

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