(영문) 광주고등법원 2015.01.14 2013나5366 | 리걸엔진

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(영문) 광주고등법원 2015.01.14 2013나5366

대여금

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The part of the judgment of the first instance against the defendant shall be revoked.

The plaintiff's claim corresponding to the above cancellation and the plaintiff's appeal.

Reasons

Basic Facts

A. On September 1, 2009, the Defendant entered into a partnership agreement with the Plaintiff on the content that if the Plaintiff invests KRW 200,000,000 in DCO. and LTD (hereinafter “C”) a local corporation of Vietnam, a local corporation of the Plaintiff (hereinafter “C”), the Defendant would transfer the said company’s share of KRW 25% (hereinafter “the first partnership agreement”), and the Plaintiff paid KRW 200,000,000 to the Defendant on the same day (hereinafter “instant investment”).

The main contents of the first operating agreement are as follows:

The plaintiff and the representative director of the Vietnam company of the trade partner of the trade partner and the defendant of the trade partner of the trade partner are as follows:

Article 1 (Purpose) The purpose of this Agreement is to regulate matters relating to the joint distribution of mutual partnerships and profits by investing funds in the management of the Vietnamese Company operated by the Defendant.

Article 2 (Concurrent Operation of Business)

1. The plaintiff shall contribute KRW 200 million to the defendant simultaneously with the contract, and the defendant shall deliver to the plaintiff the defendant's shares held by the defendant amounting to the original intent at the same time.

2.The ratio of shares in paragraph 1 shall be 25 per cent.

Article 3 (Management)

1. The defendant shall make the existing company run continuously, and at the same time distribute profits to the plaintiff.

2. The distribution rate of profits under paragraph (1) shall be determined to be distributed according to the distribution rate of shares; and

B. From June 7, 2010 to August 201, the Plaintiff loaned money to the Defendant several times with the operating funds of the instant Vietnam company, etc.

C. On December 26, 201, the Plaintiff and Nonparty E entered into a partnership agreement with the Defendant with respect to the instant Vietnam company (hereinafter “the second partnership agreement”). The main contents are as follows.

The defendant of the representative director of the Vietnam company of the trade partner, E and the partner of the trade partner is as follows:

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