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(영문) 서울동부지방법원 2015.12.11 2015가단29375
대여금 등
Text

1. As to KRW 29,00,000 and KRW 7,500,00 among them, Defendant C Co., Ltd. shall be from June 16, 2015 to September 16, 2015.

Reasons

Facts of recognition

Defendant C (hereinafter “Defendant C”) is a company established on May 26, 201 for the purpose of developing, manufacturing, and installing heating appliances, and Defendant B is the representative director of the Defendant Company.

Upon the introduction of D, the Plaintiff met Defendant B, the representative director of the Defendant Company, and the Plaintiff concluded a management participation agreement (hereinafter “instant agreement”) with D, Defendant B, and Defendant Company on October 14, 2014, upon the recommendation of D and Defendant B.

The main contents of the instant agreement are as follows.

1. D, the Plaintiff, and the Defendant B shall participate in the projects as new members of the Defendant Company.

2. The Plaintiff is registered as an intra-company director in the Defendant Company and is active.

3.D shall be registered as an inside director and representative director of the Defendant Company and shall be active.

4. The defendant B who is currently in-house director and representative director shall resign from his office; and

5. The Plaintiff’s in-house director shall invest within the limit of KRW 20 million.

6. The Plaintiff’s internal director may give notice to the Defendant Company at least one month prior to withdrawal of the invested money.

7. The plaintiff takes part in management as an internal director of the defendant company even after the investment recovery.

On October 15, 2014, pursuant to the instant agreement, the Plaintiff paid KRW 5 million to the Defendant Company (A 2), and transferred KRW 16,500,000 to the Defendant Company’s account on October 16, 2014.

(A) On the other hand, at the time of the conclusion of the instant agreement, the Defendant Company, verbally leased 100 square meters of warehouse E located in Gwangju-si, the father of the Plaintiff, and thereafter, D, on behalf of the Defendant Company, drafted a lease agreement on January 4, 2015, setting the lease deposit amount of KRW 100,000,000,000, monthly rent of KRW 1.5 million, monthly rent of KRW 1.5 million, and period of lease from January 1, 2015 to December 30, 2015.

On behalf of the Defendant Company, the Plaintiff paid 1.5 million won for the above warehouse charges on October 14, 2014, and as well as warehouse charges, the amount of KRW 1.5 million on November 14, 2014, ③ KRW 1.5 million on December 14, 2014, ③ KRW 1.5 million on December 14, 2014, ④.

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