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(영문) 전주지방법원 2014.09.24 2013가합3780
양수금
Text

1. The Defendant: 250,000,000 won to Plaintiff A; 102,00,000,000 won to Plaintiff B and C; and 200,000,000 won to Plaintiff D; and

Reasons

1. Facts of recognition;

A. In order to run a charnel business, I (hereinafter “I”) newly built L (hereinafter “the instant charnel building”). The Plaintiffs agreed to invest the money in the said newly built construction executed by I and I during the period from May 8, 2008 to October 17, 2008, on the condition that I issued a certificate of sale of the instant charnel after the completion of the construction of the instant charnel building.

B. At around June 2010, I completed the instant building and completed the registration of ownership preservation. On February 17, 2011, the instant building was divided into several partitioned buildings and registered in the register of aggregate buildings.

C. On March 30, 2011, I established M (the name of the Defendant was changed on August 23, 201) as an incorporated foundation, and N, the representative director of I, was appointed as the Defendant’s representative director.

On July 20, 2011, I and the Defendant drafted an agreement, the main contents of which are the following matters (hereinafter referred to as “instant agreement”).

The purpose of Article 1 (Purpose) I is to clearly distinguish the exercise of rights and the part of responsibility by concluding this Agreement in order to clarify the division of duties of each corporation. Article 3 (I's Duties and Duties) is to clarify the division of duties of each corporation.

1. I will be responsible for all debts (investment agreement and construction cost, etc.) incurred in the course of the construction of the instant building in the meantime and the debt incurred in the course of operation, including taxes and public charges.

3. I shall report the establishment of a wing to the Defendant’s name, and shall undertake all managements, such as the sale of the wing to the wing to the Defendant, and the Defendant may not raise any objection to the execution of the I’s principal duties.

4. In addition, I shall purchase and sell funeral supplies, funeral supplies, cremation, cremation, reburial, etc. ancillary to the above paragraph 3 of this Article.

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