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(영문) 광주지방법원 2018.01.18 2017나2898
약정금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. (Before October 2012, D proposed that D make an investment to the Plaintiff on August 2012, 2012, D proposed that the Plaintiff make an investment for the purpose of manufacturing and maintaining construction machinery parts. As such, D proposed to establish a company for the purpose of manufacturing and maintaining construction machinery parts. The Plaintiff consented thereto.

D also agreed to pay 25% of the shares to be issued by the company upon receiving labor from F at its own discretion around that time.

(C) fact that there is no dispute;

(2) On August 31, 2012, Defendant D established the Defendant for the purpose of manufacturing and maintaining construction machinery parts.

At present, the representative director of the defendant is registered as D's wife C, and the auditor is registered as D.

(Evidence No. 13)

( From April 16, 2012 to March 15, 2013), the Plaintiff remitted total of KRW 258,740,00 to D, F, and the Defendant, as follows: (a) the Plaintiff remitted total of KRW 258,740,00 to D, F, and the Defendant from April 16, 2012 to March 15, 2013, as follows: (b) the Plaintiff remitted total of KRW 258,740,000 to 37 occasions.

순번 일시 금액(원) 받는이 은행명 계좌번호 비고 01 2012-04-16 1,560,000 D 농협 H 갑5-1 02 2012-04-25 4,000,000 D 농협 I 갑5-2 03 2012-05-12 1,000,000 D 농협 J 갑5-3 04 2012-06-21 800,000 D 농협 K 갑5-4 05 2012-07-11 3,000,000 D 농협 L 갑5-5 06 2012-08-09 1,000,000 F 우체국 M 갑5-6 07 2012-08-14 1,900,000 D 농협 K 갑5-7 08 2012-08-31 1,000,000 F 우체국 M 갑5-8 09 2012-09-04 20,000,000 D 농협 H 을1-1 10 2012-09-04 20,000,000 D 농협 I 을1-1 11 2012-09-04 10,000,000 D 농협 J 갑5-9, 을1-1 12 2012-09-04 10,000,000 D 농협 K 갑5-10, 을1-1 13 2012-09-05 2,000,000 F 우체국 M 갑5-11 14 2012-09-08 1,000,000 F 우체국 M 갑5-12 15 2012-09-11 700,000 D 농협 K 갑5-13 16 2012-10-11 100,000,000 피고 광주은행 N 을1-2 17 2012-10-13 1,000,000 F 우체국 M 갑5-14 18 2012-10-31 1,500,000 D 농협 K 갑5-15 19 2012-11-06 10,000,000 피고 광주은행 O 갑5-16, 을1-2 20 2012-11-06 10,000,000 피고 광주은행 P 갑5-17, 을1-2 21 2012-11-07 10,000,000 D 농협 H 갑5-18, 을1-1 22 2012...

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