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(영문) 수원지방법원안양지원 2015.05.28 2014가합102840
양수금
Text

1. Defendant B’s KRW 982,500,000 and the Plaintiff’s annual rate of KRW 5% from April 30, 2015 to May 28, 2015.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the objective of manufacturing computer peripheral devices, etc., and Defendant B is an internal director of the Defendant Co., Ltd., and the Plaintiff is a person who transferred the claim against the Defendants, which is the subject of the dispute in this case from D.

B. D and the Defendants traded 1) D changed the name of the Defendant Company run by Defendant B (the trade name of Defendant E was changed from January 18, 2010 to the current trade name.

B) From June 4, 2009 to July 17, 2013, the Defendant Company remitted the sum of USD 10,752,575 to USD 10,752,575, and supplied L CDAs (US$ 210,338) and 27 personal monitors, etc. from the Defendant Company. From March 8, 2010 to August 5, 2013, the Defendant Company received the transfer of USD 1,093,286 in total from USD 1093,286 from the Defendant Company, and used the money transferred from D and the goods of the Company for the operation of the Company. (2) When settling trade relations on November 26, 2013, D and Defendant B prepared an investment agreement with Defendant D as “an investment share of KRW 200,000 to KRW 325,700,000,000,000.”

3) Accordingly, D demanded Defendant B to return KRW 1.2 billion investment amount on the ground that it had not been transferred 70% of the shares of the Defendant Company, contrary to the terms of the instant investment agreement. Defendant B demanded D to return the remaining amount of KRW 1.1 billion on February 22, 2014 (on February 21, 2014, equivalent to USD 22,228,000) and USD 80,000 (on February 25, 2014, equivalent to USD 85,264,000) on February 25, 2014, each of which was transferred to the Plaintiff on May 23, 2014.

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