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(영문) 서울중앙지방법원 2014.02.14 2012가합67738 (1)
약정금 등
Text

1. From January 13, 2012 to February 14, 2014, Defendant D’s KRW 295,096,502 and KRW 265,096,502 among the Plaintiff.

Reasons

1. Basic facts

A. The Intervenor, who is the representative director of the Plaintiff Company, (hereinafter the Intervenor), is between the Co-Defendant C (hereinafter the Defendant D, etc.) and the Intervenor’s Intervenor (hereinafter the Intervenor), who is the representative director of the Plaintiff Company, except where it is necessary to divide the investment agreement and the first agreement with Defendant D.

Defendant D et al. requested the Intervenor to make an investment in the Plaintiff Company's funds in the course of planning the import business of Russamb (hereinafter referred to as the " Russamb) at the end of 2011.

Accordingly, around October 201, the Plaintiff Company, Defendant D, etc. entered into a contract with the Plaintiff Company to pay interest at the rate of 15% per annum on the unpaid amount from the following day if it fails to pay the unpaid amount by five business days after customs clearance, after receiving the Russia from the Plaintiff Company with the funds invested by the Plaintiff Company and then selling it domestically.

The Plaintiff Company and Defendant D et al. entered into the instant contract in the name of Defendant D et al., instead of entering into the instant contract under the name of Defendant E et al. (hereinafter referred to as “E”), which C worked as managing director, on the grounds of the succession to the import contract and the guarantee for the recovery of investment funds, etc. entered into with the Russia Company.

Accordingly, around October 24, 201, the Plaintiff Company and Defendant D et al. drafted a “the first contract for import and sale business cooperation (hereinafter “the first contract”) with the main content of returning investment money and profits under the name of Defendant E.

Defendant D et al. imported Russia three times from November 15, 201 to November 28, 201, and sold it in the name of H, I, and J.

Plaintiff

(1) A company shall be subordinate to it.

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