(영문) 수원지방법원 2016.10.06 2015나26198

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(영문) 수원지방법원 2016.10.06 2015나26198

대여금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 2 to 4, and Eul evidence No. 13 may be acknowledged by taking into account the whole purport of the pleadings:

The Plaintiff (formerly: C) was an enterprise that manufactures and sells various lighting fixtures, and the Defendant is the representative director of H (hereinafter “H”) who is a manufacturer of the electronic and electric application devices.

B. On May 29, 2008, the Plaintiff concluded a contract for product development (which appears to be more concrete than the above business partnership and agreement; hereinafter “product development contract of this case”) with the content that H would develop the exclusive server of G produced by the Plaintiff (hereinafter “instant product”), and that H would develop the instant product and provide it to the Plaintiff on July 2008.

C. On July 28, 2008, the Defendant sent the Plaintiff’s representative director D e-mail containing the content of “a request to provide support of KRW 30,837,600, which is 40% of the funds required for producing 3,000 products of this case, to the front place,” and on July 31, 2008, the Plaintiff remitted KRW 30,000,000 to the deposit account under H’s name.

D On August 12, 2008, between the Defendant and the Defendant, a share transfer contract was concluded between the Defendant and the Defendant to transfer part of H shares owned by the Defendant (hereinafter “instant share transfer contract”) and the amount and time set as follows. The Plaintiff transferred KRW 30,000,000 to the deposit account in the name of the Defendant on the same day.

(hereinafter “instant payment”). 1. The Defendant agrees to transfer 45% of H’s shares owned by the Defendant to D as KRW 100,000,000.

2. The payment method shall be 60,000,000 won for down payment to the transferor at the time of the contract and shall be until September 30, 2008.

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