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(영문) 부산지방법원동부지원 2016.06.09 2015가합100777
사취금반환
Text

1. The Defendants are jointly and severally and severally liable to Plaintiff A for KRW 105,000,000 and the aforementioned amount from April 2, 2014 to Plaintiff B, and 115,000 to Plaintiff B.

Reasons

1. Basic facts

A. On January 6, 2012, the Defendants established G Co., Ltd. (hereinafter “G”) for the purpose of exporting and importing liquid fertilizers in Daegu-gu and 103 on January 6, 2012, for the purpose of export and import of liquid fertilizers (hereinafter “G”), and transferred Defendant D to Busan-gu H9 floors on October 11, 2012, and Defendant E operated G as the actual operator, and Defendant E as the financial officer.

B. On December 2, 2012, Defendant D recommended the Plaintiff A and B to make an investment by showing the “AEA” to the effect that Defendant D was given the authority to act as an agent for the installation of liquid fertilizer production facilities in the Gyeong-do area in the Gyeong-do area.

Accordingly, on December 24, 2012, Plaintiff A, B, and Defendant D drafted an “Agreement on Facilities for Production of Environment-Friendly Organic Agricultural Materials,” with the content that the said Plaintiffs would invest from KRW 100 to KRW 400 million in the establishment of production facilities of eco-friendly organic farming materials (operator G) that can be treated ten tons a day.

In addition, on March 5, 2013, Defendant D agreed to pay 10% of the shares of Defendant D (49%, and the transfer thereof to G) among the sales profits of organic farming materials (e.g., liquid fertilizers) to KRW 60 million invested by Plaintiff B and A.

C. On May 2, 2013, Defendant D agreed on May 2, 2013 to set a certain ratio of Defendant D’s share among the profits from the sale of liquid fertilizers in receipt of investment funds.

According to the agreement described in the above B and C, as shown in attached Forms 1 through 3 from December 24, 2012 to April 2, 2014, the Plaintiffs deposited the total of KRW 150 million in Plaintiff A, the total of KRW 1150 million in Plaintiff B, and the total of KRW 30 million in Defendant D’s wife I or G, and received G’s shares.

E. However, at the time of receiving the aforementioned investment from the Plaintiffs, the Defendants did not have any organization and facilities for the production and sale of organic fertilizers, and did not continuously have the authority to exclusively sell organic fertilizers produced by other companies. Investment funds received from the Plaintiffs.

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