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Reasons
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(영문) 대전지방법원천안지원 2017.06.28 2016가단106144
약정금
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1. The Plaintiff:

A. As regards Defendant B’s KRW 77,500,000 and KRW 75,000 among them, Defendant B shall be from November 1, 201 to August 3, 2016.

Reasons

1. Facts of recognition;

A. The lessor D (A) and the lessee (B) enter into a contract for the operation of a factory for investment in D Co., Ltd. as follows:

Article 3 (Term of Contract) The term of contract shall be one year from September 23, 2009 to September 22, 2010.

Article 10 (Investment Funds)

1. The Plaintiff and D, while conducting the waste materials treatment business, shall make a contribution to D and make a contribution to D (300,000,000), and D shall have the right to transfer the operation of the factory to the Plaintiff.

2. The Plaintiff shall deposit the investment amount of KRW 150,000 (150,000,000) for the agreed investment amount with D along with the signature seal of this contract.

[The remaining sum of KRW 150,000 (150,000) shall be paid within one week after the completion of the registration of the business office of the wounded War Veterans Association). 1] The plaintiff on September 23, 2009 shall be D Co., Ltd. (the trade name before the change: E.S., the representative director F., hereinafter referred to as "D").

B) As regards D’s waste materials processing plant in Seoan-gu, Seoan-gu, Seoan-gu, Seoul, concluded a factory operation agreement with the following contents, and Defendant B signed and sealed as D’s guarantor (hereinafter “instant contract”).

(2) On September 24, 2009, the Plaintiff transferred KRW 150,00,00 to the Agricultural Cooperatives Deposit Account (Account Number H) of D on September 24, 2009.

(3) On July 5, 2011, the Defendants promised to return KRW 150,00,000,000 invested by the Plaintiff to D until October 31, 2011 (hereinafter “instant undertaking”) as the Defendants made the best efforts to conclude a joint agreement with the Plaintiff to engage in scrap metal and scrap metal business with D, but failed to do so smoothly (hereinafter “instant undertaking”).

4) Defendant C is currently in office as D’s internal director from 209 to 2009.

B. Loans 1) The Plaintiff lent KRW 30,000,000 to Defendant B on September 24, 2009. 2) Defendant B, Defendant B, as the Plaintiff, KRW 10,000,00 on January 17, 2012, KRW 6,000,000 on January 27, 2015, KRW 23,000,00 on March 23, 2016, and KRW 3,000,000 on March 23, 2016.

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