logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2019.08.29 2019나20253
출자이행금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 4, 2015, the Plaintiff entered into an investment contract with the Defendant to contribute in kind the buildings listed in the attached list (hereinafter “instant building”) as follows, and to allocate 14,000 shares to the Defendant.

(A) Company (A) that invests in a contribution contract: A company that receives an investment from the Plaintiff (A: the Plaintiff shall be the Defendant, and the Defendant shall be the Defendant, respectively, enter into the following investment contract:

- - sound;

1. A will invest the instant building to B in kind and make the registration of ownership transfer in the name of B.

A and B agree to the value of the said contribution in kind as follows:

(1) Appraisal value: 1.6 billion won (2) Loans: 1.25 billion won; 3.0 million won: A depending on the remaining value, Eul shall succeed to or obtain a new loan of 1.25 billion won from a loan granted by the Dispute Settlement Bank Co., Ltd., and he/she shall repay the loan of 1.25 billion won, and he/she shall make an investment of 3.5 billion won in the face value and make an investment of 50 million won in the amount of the loan of 1.25 billion won.

2. In order to avoid the complexity of the procedures for registration of capital increase due to investment in kind or investment in kind, the investment under Article 1 above is indicated as “A” in cash of KRW 350 million, separate from the registration of transfer of ownership of the above real estate, but in light of the terms of the contract under which the Plaintiff (A) provided cash separately to the Defendant (B) to avoid the procedures for investment in kind while investing in real estate, and was returned, it is obvious that the above provision is a clerical error

In other parts, the phrase “A” and “B” were modified by reflecting these contents in the latter part.

After investing in the company and making a registration with general capital increase with capital increase, Eul will return KRW 350 million to Gap.

3. Eul newly issued 14,00 common shares (the face value of 500 won) of Eul in lieu of investing KRW 350,000,000,000, and deliver it to Gap.

arrow