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(영문) 서울남부지방법원 2018.05.25 2017가합110398
대여금
Text

1. The Defendant’s KRW 27,500,000 as well as 6% per annum from September 21, 2017 to May 25, 2018 to the Plaintiff.

Reasons

Basic Facts

Defendant’s establishment and stock change 1) C Co., Ltd. (hereinafter “C”).

(2) Around May 6, 2015, the Plaintiff drafted a management agreement with E (hereinafter “instant management agreement”) as follows, which is a management company that produces cans by making the above E as the supply place of the parts necessary for manufacturing the cans, and the Plaintiff drafted a management agreement with E (hereinafter “instant management agreement”).

Defendant management agreement: Plaintiff, B: E

1. The actual share allocation rate shall be 40% A and 60% B, and as supplementary documents, a sales contract for shares shall be separately prepared and delivered to B.

2. The allocation rate of driving capital to Gap and Eul drivers shall be at least one billion won per single vehicle, and the allocation rate shall be agreed and agreed on on the basis of the share allocation rate set forth in paragraph 2 above.

3. The management of the defendant to appoint a person to be solely in charge of management shall be limited to the appointment of Eul to be exclusively in charge, and both parties shall not participate in all of them.

Provided, That major practical procedures shall be conducted by bilateral consultation.

4. The main working procedures of the defendant of the main working procedure shall be conducted in the form of obtaining approval from both professional managers by separately preparing a working person.

(Main) On May 7, 2015, the Plaintiff and E established the Defendant on May 6, 2015, on the date of the agreement on the method of funding, selection of processing companies, distribution cost, remuneration, business strategy, etc.) and the date of May 7, 2015. The Plaintiff became the Defendant’s representative director around that time, and resigned on August 28, 2015. E was working as the Defendant’s representative director around August 28, 2015, and D was working as the Defendant’s representative director from October 1, 2016 to serve as the Defendant’s representative director from October 1, 2016. The number of shares held by the title holding (%) 1 E 25,000 (%) 1 E 25,000 H5,000,004 G10,000 KRW 50,000,00 or KRW 7,005,00.

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