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(영문) 창원지방법원 2019.01.10 2018나50137
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. A. The Plaintiff, Defendant, etc.’s partnership relationship 1) F, the Plaintiff, Defendant, G, and Defendant’s son, around December 2014, is K and Vietnam-based limited liability companies (V, Vietnam M, English N, hereinafter “H”).

(C)in the form of concluding a monetary loan agreement with Vietnam-based limited company C (VE, English E, hereinafter referred to as “C”).

(2) Each 25% of the money to purchase cargo vehicles was invested in KRW 30 million, KRW 31 billion, KRW 300 million, and KRW 299 million, and KRW 250 million, respectively. The Plaintiff agreed to operate cargo transportation services through investment and provide services in Vietnam at the local level. The Plaintiff agreed to pay the money equivalent to the principal and interest of the investment for 36 months in installments. 2) The Plaintiff, Defendant, G, and F deposited the investment money to K in accordance with the said agreement, and the Plaintiff, as the representative director of C, operated the said company.

B. The Plaintiff, the Defendant, etc., and the Defendant, etc., agreed to liquidate the partnership relationship around June 2016 and set their share ratio as the Plaintiff, G 25%, and Defendant 50% (including F’s share ratio) to divide and settle the entire assets of the Plaintiff, the G 25%, and the agreement with the following content (hereinafter “instant agreement”).

- The content of the agreement - The content of the agreement shall be mutually agreed upon to divide C’s assets into shares of investment. - The entry of “O” or “P” in the agreement of this case by G, the Defendant, in the agreement of this case, appears to be a clerical error in the Vietnamation of the name of C corporation, “T”, in the Vietnamation of the name of C corporation;

H) Separately separating all of the Plaintiff’s equity 25%, and transfer the equity assets to Vietnam, a corporation, separately operated by the Plaintiff, for the 25% of the Plaintiff’s equity. The equity assets are transferred to Korea. - The assets of C (vehicles, financial assets, bonds, office supplies, etc.) shall be calculated as of May 16, 2016 and divided by equity for the subsequent assets.

- The Plaintiff’s cash from G and the Defendant 3.

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