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(영문) 서울서부지방법원 2019.04.09 2018가단211344
약정금
Text

1. The defendant shall pay 100,000 dollars (AUD) to the plaintiff and 8% per annum from December 2, 2009 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 17, 2008, the Plaintiff lent USD 45,000,00 to the Defendant, a representative director, and the Defendant as a shareholder, a sum of D (hereinafter “Nonindicted Company”)’s operating funds.

(hereinafter referred to as “the primary remittance”). (b)

On July 18, 2008, the Defendant proposed a joint start-up of the distribution company E (hereinafter “instant company”) that distributes the products of the non-party company to the Plaintiff.

On the same day written by the Plaintiff, the first entry of the same day includes the following: “The shares of the instant company shall be 34% and 33%, respectively, and KRW 100,000,000,000,000,000,000,000,000,000

C. On July 21, 2008, the instant company was registered with the Plaintiff and the Defendant as its director, and the Plaintiff transferred USD 55,000 to the G account of another company operated by the Defendant upon the designation of the Defendant on July 22, 2008.

(2) On August 25, 2008, a written application for the change of the name of shares was made to the Plaintiff on August 25, 2008 with respect to 10 shares of the non-party company, which had been registered in the name of the Defendant and C.

On August 31, 2008, the Plaintiff sent to the Defendant an e-mail (hereinafter “instant e-mail”) stating that “I wish to return as soon as possible the amount invested, and I think I would not take director positions from the instant company, or would not take place in the company,” and then, 10 shares of the non-party company prior to September 17, 2008 were changed in the name of the Plaintiff.

E. On October 7, 2008, the defendant should promote the restoration to the original state to the plaintiff on October 7, 2008, and if the defendant wishes to do so to the company of this case, it will do so.

Administrative disposal, resignation of directors, and termination of the bank's signature authority.

In order to prepare relevant documents with the accountant.

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