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(영문) 서울고등법원 2016.06.02 2015나252
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following payment order shall be revoked, and that part shall be revoked.

Reasons

1. Reference fact 【Evidence 【Evidence 1, 19, and 1 and 2, each of the testimonys E and F, and the purport of the whole pleadings;

A. A Co., Ltd. (hereinafter referred to as “A”) is a company aimed at manufacturing and providing water treatment equipment, and Defendant C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”) is a representative director of the Defendant Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”).

B. On October 26, 2010, A entered into a joint agreement between the Defendant Company and the Defendant Company with a view to jointly promoting the wastewater treatment project abroad, including China (hereinafter “instant joint agreement”), and agreed as follows.

Article 2 (Joint Business Method) (1) China: A shall take over 40% of the shares of a company (US$ 50,000) established around March 2010 by the Defendant Company (US$ 50,000) in KRW 350,000,000 in order to conduct the business of treating garbage dumping at the deep and deep city of Chinese origin.

(2) Overseas: A shall jointly promote the wastewater treatment projects promoted by the defendant company, and shall invest 250 million won in the fund of KRW 250 million.

Article 3 (Shares) The equity ratio of all the wastewater treatment projects shall be 40% A, and the defendant company shall be 60%.

Article 4 (Time and Conditions for Payment) (1) A shall pay 1750 million won as advance payment (50%) until November 15, 2010, and any balance (50%) shall be paid until January 30, 201.

The defendant company shall transfer its shares within one week from the payment date of the balance, and secure all the materials of the established Chinese company, and there is no legal defect.

(2) A shall complete investment on February 28, 201, with a capital of KRW 250,000,000,000,000,000,000, and the Defendant Company shall commence this work with the intent to secure business rights and to participate in the financial business from the financial rights prior to the date on which the investment is completed.

(3) A input KRW 250 million shall be the defendant at the first withdrawal of a financial right.

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