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Reasons
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(영문) 광주고등법원 2019.07.24 2018나23925
대여금
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1. The judgment of the court of first instance is modified as follows.

Defendant B Co., Ltd. shall be KRW 415,000,000 and this shall apply to the Plaintiff.

Reasons

1. Basic facts

A. Defendant C changed its trade name to “FF farming association” at present, Defendant C paid KRW 700 million for acquiring D management rights.

(D) Co., Ltd. (hereinafter “D”) jointly with G, the representative director of G.

To acquire management rights and raise funds for acquisition, P Co., Ltd. (hereinafter referred to as “P”)

(2) On November 30, 2009, the Plaintiff and the Plaintiff, upon introduction of V, are to deposit the amount to be invested by the Plaintiff in the head of Tong in the name of Defendant C until December 15, 2009, and to determine the amount to be deposited by the Plaintiff based on the deposited amount.

Article 3 Issuance of Stocks

1. The defendant C shall secure relevant documents so that the mountain ginseng owned by the E Farming Association Corporation located in H at Won-si (an amount equivalent to KRW 29.9 billion) may be invested in kind in D by the E Farming Association Corporation.

The time of contribution in kind shall be as much as possible before January 15, 2010.

2. Defendant C shall have the share certificates equivalent to 2.5 times the amount of the Plaintiff’s investment determined in Article 2 on the basis of the amount per share of the share certificates that the E farming association corporation will receive when it makes an investment in kind in D, in the name of the Plaintiff.

Article 4 Provision of Security

1. Defendant C shall secure a security owned by the EAF equivalent to the amount invested by the Plaintiff.

2. Defendant C shall secure documentary evidence so that it can dispose of the security secured under Article 4(1) in preparation for the failure of the D acceptance work carried out by Defendant C.

3. The criteria for failure to obtain D. The case shall be the case where the plaintiff failed to secure stock certificates as the contribution in kind of mountain ginseng owned by the E farming association corporation was made.

Article 5. Partial Recovery of Investment Amount

1. Defendant.

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