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(영문) 서울고등법원 2018.06.14 2017나2028144
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant C, which constitutes the following amount of payment:

Reasons

1. Basic facts

A. On December 1, 2015, the Plaintiff was dissolved pursuant to Article 520-2(1) of the Commercial Act as a stock company established for the purpose of an engineering work business.

E was the representative director of the Plaintiff at the time of the recommendation of dissolution.

피고 ㈜B은 토목건축공사업 등을 목적으로 설립된 주식회사로서 2012. 12. 3. 상법 제520조의2 제1항에 따라 해산간주되었고, 2015. 12. 3. 상법 제520조의2 제4항에 따라 청산종결간주되었다.

Defendant C was the actual operator of Defendant C’s LAB, and Defendant D was the representative director of Defendant CB at the time of dissolution.

B. On August 29, 2005, the Plaintiff entered into an investment contract (hereinafter “instant investment contract”) with the Defendant-B with the content that the Defendant-B shall invest KRW 500 million in the redevelopment project of the land G market in the Nam-gu Incheon Nam-gu, Incheon, which was contracted to the Defendant-B, and that the Defendant-B would receive 20% of the investment amount within two months after the completion inspection, based on the fact that the Defendant-B acquired an expected profit of KRW 7.9 billion.

On the same day, the Plaintiff paid the investment amount of KRW 500 million to Defendant B.

(hereinafter referred to as “the instant investment money”) KRW 500 million C.

The Plaintiff demanded the return of the investment amount as the Plaintiff did not receive the profits under the instant investment contract from Defendant B.

On December 6, 2005, between the plaintiff and the defendants on December 6, 2005, the plaintiff is a creditor, the plaintiff as a creditor, the defendant LA, the defendant as a joint guarantor, and the defendant D as a joint guarantor. The date of preparation was prepared on August 29, 2005, which is the date of the conclusion of the investment contract of this case, and the notary public prepared a notarial deed (hereinafter referred to as the "notarial deed of this case") as No. 5078 on August 29, 2005.

The main contents thereof are as follows:

Won 500,000,000 of money : The sum of this billion won (Won 200,000,000): Lon 10 billion won (Won 700,000,000): Lon 100,000 won (Won 700,000,000) principal and interest interest KRW 10 billion.

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