logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2017.09.05 2015가합3545
대여금
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 70,000,000.

Reasons

1. Basic facts

A. The Plaintiff is transferred to Defendant C’s University, and the Defendants are the representative directors of D Co., Ltd. (hereinafter “D”).

B. On November 2013, the Plaintiff and the Defendants discussed the business (hereinafter “instant business”) of exporting goods to the Daewon Industrial Co., Ltd. (hereinafter “Dazin”) located in Japan (hereinafter “Dazin”), and decided that D will be the principal agent of the instant business.

C. The Plaintiff decided to invest 100 million won in D with respect to the instant business, and registered as D’s internal director on November 29, 2013.

The Plaintiff, in relation to the instant business, remitted KRW 10 million to the account in the name of Defendant B on December 2, 2013, and received a certificate of deposit (hereinafter “certificate of deposit”) as follows from the Defendants.

Amount of a certificate of deposit: 10 million won shall be paid in full to D Co., Ltd. with the deposited money, and the deposit period shall be 12 months from the date of deposit, and the ownership and extension of the corporation shall be determined by mutual consultation 15 days prior to the expiration of the deposit.

As an executive officer of a company deposited by a person who has deposited in the company, he/she shall be kept separately in the company as a security for business, and the deposit shall be unrelated to taxes, public charges and income of the

Provided, That the principal shall be returned at the request of the person who has deposited at the expiration of the deposit deadline, or where the person who has deposited retires.

The drawee on December 2, 2013: A director A (Plaintiff): The representative director C (Defendant C) of D Co., Ltd. (Defendant C) representative director B (Defendant B)

E. After December 2013, the Plaintiff and the Defendants visited Kazakh for the purpose of market research for the instant business. After returning to the Republic of Korea, the Plaintiff transferred KRW 40 million on December 30, 2013 to the said account of Defendant B, and KRW 60 million on February 25, 2014.

F. However, there was a dispute between the Plaintiff and the Defendants, and the Plaintiff demanded the Defendants to retire on February 28, 2014.

arrow