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(영문) 인천지방법원 2020.09.01 2019가단226110
청구이의
Text

1. As to Defendant B’s Plaintiff:

(a) No. 908, 2017, No. 308, 2017, No. 31, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company established on October 25, 2016 for the purpose of manufacturing printed circuit board.

E is a person who was the representative director of the Plaintiff from December 19, 2016 to March 22, 2019, and the Defendants are the former employees of the Plaintiff.

B. Around May 2016, F Co., Ltd. (hereinafter “F”) filed an application for the commencement of rehabilitation with the Incheon District Court 2016 Mahap9, and intended to introduce a method of deeming the manufacturing, etc. of a printed circuit board, and the Plaintiff was a prior to the date of the Plaintiff’s establishment on July 1, 2016, but the Plaintiff appears to have concluded the contract as a company established under the plan to receive the semiconductor compressed process, such as manufacturing of a printed circuit board.

Between F and F, the processing contract for the printed circuit board was concluded.

C. On October 31, 2017, the Plaintiff drafted a notarial deed Nos. 1 and 2 against Defendant B (No. 1 notarial deed No. 1) with Defendant B as follows.

Article 1 (Purpose) The purpose of this Agreement is to contribute to the investment of the Plaintiff and to regulate the contents related to the collection of funds for the purpose of supporting the Plaintiff’s business activities.

Article 2 (Investment Money) The repayment of the principal of the investment money under Article 3 (Redemption Method) of 40,000,000 won to the Plaintiff by Defendant B under this contract shall be repaid by cash transfer to Defendant B’s account by the following methods:

1) The first repayment: The second repayment of KRW 8,00,000, and the second repayment of KRW 8,000,000, and January 30, 2018: the third repayment of KRW 3: 8,000,000, and February 28, 2018: the fourth repayment of KRW 8,000, and March 31, 2018: the fourth repayment of KRW 8,000,000, and April 305, 2018; the second repayment of KRW 8,00,000,000, and the second repayment of KRW 40% of the monthly sales on May 31, 2018 shall be made to the Defendant’s account as a fee for the investment on the last day of the following month; and the Plaintiff shall substitute the interest from the investment to the Defendant’s account as a fee for the investment under paragraph 21,201.

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