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(영문) 수원지방법원 2015.02.13 2014나17029
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On December 6, 201, the Defendant, who was in de facto marital relationship with the Plaintiff, G, F, and Defendant, who was in de facto marital relationship with F, entered into a sales contract with E, the representative of D Co., Ltd. (hereinafter “instant company”) to purchase all of the assets of the instant company, including the I land and its ground plastic plant, for the purpose of KRW 750,000,000,000,000, which is owned by the instant company.

B. The Plaintiff, G, F, and the Defendant agreed that KRW 100 million out of the amount of KRW 295 million to be actually paid (5 million brokerage commission), 200 million shall be borne by the Plaintiff, and KRW 200 million shall be borne by the Defendant, while KRW G provided machinery and technology, and KRW F shall be viewed as business, while the ratio of shares shall be KRW 45%, KRW 25%, and Plaintiff and F shall be KRW 15%, respectively.

(hereinafter referred to as “instant trade agreement”). (c)

On December 30, 2011, the Plaintiff remitted KRW 90 million to E’s account under the instant trade agreement. The Defendant paid KRW 25 million for the remainder of the purchase price and KRW 5 million for brokerage commission.

On January 4, 2012, with respect to the instant company, the representative director, the auditor, the Plaintiff, and the F and H (G ASEAN) were registered respectively as an internal director.

E. On April 2012, the Plaintiff and G withdrawn from the partnership relationship with the Defendant, and G recovered all the machines, etc. invested by themselves around that time.

F. On May 9, 2012, the entry of 51% of the shares of the instant company was completed in the name of E in the name of the Defendant, and in the name of J in the name of F in respect of 49%.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, Eul evidence Nos. 3 and 9 (including branch numbers), the purport of the whole pleadings

2. The following circumstances revealed in the above facts of recognition, namely, the personal relationship between the Plaintiff and the Defendant, etc., and the process of concluding the instant trade agreement.

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