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(영문) 대구지방법원 김천지원 2018.12.14 2017가합394
출자이행금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 321,494,260 to the Plaintiff (Counterclaim Defendant) and related thereto from January 26, 2018 to December 14, 2018.

Reasons

1. Basic facts

A. In the middle half of 2015, the Plaintiff and the Defendant entered into an investment contract under which the Plaintiff invested in kind the building listed in the attached list (hereinafter “instant building”) and the Defendant issued shares (hereinafter “instant investment contract”).

The main contents of the instant investment contract are as follows.

Company (A) that invests in an investment contract: A company that receives an investment from the Plaintiff: The Defendant A shall be the Plaintiff, and the Defendant B shall 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; however, 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, it is obvious that the above provision is a clerical error in

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. B, instead of investing 350 million won or more, new shares of 14,000 won or more (500 won or more) of the common shares of B.

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