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(영문) 서울중앙지방법원 2017.09.21 2016가단80404
약정금
Text

1. As to KRW 107,180,611 and KRW 100,513,945 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) shall have the effect on August 23, 2014.

Reasons

1. Basic facts

A. C is an owner who actually runs four companies, such as D (after the conversion into E), F (after the Defendant Company on February 2, 2010), G (after the conversion into H), and I (after the Defendant Company), and the Plaintiff became a representative director of the Defendant Company from July 22, 201 to May 20, 2014. The Plaintiff was registered as the representative director of the Defendant Company from June 20, 201 when entering D and taking charge of the above four companies’ accounting affairs at C’s request.

B. On March 15, 2010, the Plaintiff transferred KRW 200 million to the Defendant’s management fund to the company’s account, but failed to receive payment, and, on May 2014, the Plaintiff used the Plaintiff’s name as the representative director of the company to collect the loan to prepare a false bill corresponding to the loan and to collect the loan by using it. On May 19, 2014, the Plaintiff was registered as the representative director, and on March 10, 2010, at a notary office with the first floor of the building in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, a notary public’s office was recorded as the date of issuance on March 10, 2010; on July 20, 2014, with the intention of having the Defendant submit a notarial deed in the form of “No. 300 million No. 1060,000,000,000,000 won.”

C. On August 20, 2014, the Plaintiff was based on the instant authentic deed from Seoul Central District Court 2014TT 23440.

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