logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2016.10.06 2015나23744
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, while operating C, has the right to import and sell the Dsaws to Korea as a set of headquarters headquarters D in the United States.

On January 3, 2010, the Defendant and E drafted a memorandum of Understanding to establish and operate a stock company A with the content that the Defendant would establish and operate a stock company using the right to transfer the above E, which is owned by the Defendant, and the main contents of the above letter are as follows:

(hereinafter “instant establishment arrangements”). - The representative director shall be E, B, F, and G, and the shareholders shall be E (36%), B (30%), F (15%) and G (19%).

- The E shall manage all the management, such as funds, purchase, approval, etc., and the defendant shall manage all the business.

- The rights of the headquarters of the United States D in C to be succeeded to the rights of the Company A, and such rights are effective upon notification to and approval from the U.S. head office.

- As of December 29, 2009, C bears the obligation of KRW 1,22,30,000 in total, including the amount of KRW 867,00,000 in financial rights obligations, KRW 98,400,00 in goods payment obligations to the headquarters headquarters headquarters headquarters headquarters headquarters headquarters headquarters headquarters headquarters of the United States, KRW 200,000 in personal obligations, KRW 44,400,00 in arrears, and KRW 12,500 in retirement allowances obligations, and KRW 1,222,30,00 in total, KRW 160,000 in terms of radal dal dal dal dal dal dal dal dal dals, lineing, smuggling, and sawing, and machinery equivalent to KRW 160,00 in total (hereinafter “instant machinery”).

Since the Defendant’s personal obligation or the above obligation is anticipated to inflict a loss on the establishment and operation of A due to the Defendant’s establishment and operation of A, the Defendant shall pay it to E. For this purpose, the Defendant shall prepare and deliver a separate performance certificate to E, and provide the machinery owned by C as collateral. E succeeds to the above transfer right by the U.S. head office, and after obtaining approval from the U.S. headquarters, the Defendant’s establishment and operation of HP factory site and its ground factory building (hereinafter “instant factory”) and Kimhae-si I apartment 2, 1404 (hereinafter “instant apartment”).

arrow