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(영문) 울산지방법원 2016.05.18 2014가합8291
출자금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On October 13, 2006, the parties concerned C and the defendant et al. jointly establish the plaintiff medical corporation A (hereinafter referred to as the "Plaintiff Foundation") and from around that time to February 2012, the defendant is working as the representative of the plaintiff foundation thereafter, and C are working as the representative of the plaintiff foundation.

At the meeting of the promoters on September 206, 2006 for the establishment of the Plaintiff Foundation, the promoters, including the Defendant and C, elected the Defendant as the chief director, Eul as the executive director, and D, E, and F among the remaining promoters, as the directors, and G as the auditor. With respect to property contribution and receipt, D shall contribute to the Plaintiff Foundation the 172m2m2, I, I, 139m2, and buildings on the land (hereinafter “instant real estate”) of the instant real estate to the Plaintiff Foundation. At the meeting of the promoters on September 20, 2006 for the establishment of the Plaintiff Foundation, D, the New Bank of Korea (hereinafter “New Bank”), Inc., Ltd., and D with respect to the instant real estate, the Plaintiff Foundation agreed to take over the instant mortgage contract (hereinafter “instant mortgage contract”), and the Defendant shall contribute the amount of KRW 575,000,000,000 among the remaining promoters, and the remaining KRW 500,000,00 under the Plaintiff Foundation’s financial expense.

On October 23, 2006, the Plaintiff Foundation completed the registration of ownership transfer based on the donation on the instant real estate. On April 6, 2007, the Plaintiff Foundation acquired the obligation of KRW 1.6 billion (hereinafter “instant loan obligation”) against the loan to the Ulsan District Branch of the New Bank Branch of the Promoters, and registered the instant mortgage contract as the obligor under the registry of the instant real estate on April 9, 2007.

No. 8-1, No. 2 of A. 8. The defendant, on September 6, 2006, such as the statement of transactions in the account under the name of the plaintiff foundation and the defendant, shall enter the old account number and the new account number in the new bank account with the defendant on September 6, 2006.

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