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(영문) 서울고등법원 2014.06.12 2013나51041

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. F is the actual operator of the Plaintiff, and the Defendant is the representative director of C (hereinafter “C”) of the Co., Ltd., and F has induced investment in C as the vice president and the two shareholders of the above C, and E, as the representative director under the name of D Co., Ltd., and was in accordance with F’s instructions.

B. Around September 8, 2010, F means a loan agreement stating that the date of preparation is March 10, 2010; the amount of loan is KRW 230,000,000 (Evidence A3); the date of preparation is April 30, 2010; the amount of loan is KRW 780,000,000 (Evidence A4); the date of preparation is the loan agreement stating the amount of loan as KRW 1,40,000 on July 26, 2010 (Evidence 5); and on the date of preparation, the loan agreement stating the amount of loan as KRW 1,40,00,000,000,000 in total; and on the basis of each of the above loan agreement, each of the above amounts is stated as KRW 2,40,000,000,000,000,000,000,000,000.

The following certificates for borrowing money (a certificate No. 2-1 and each of the above loan contracts (hereinafter “each of the loan contracts of this case”) were drawn up, and each of the above loan contracts was drawn up with three copies of the Defendant’s certificate of personal seal impression issued on August 5, 2010, three copies of the Defendant’s certificate of personal seal impression issued on May 2, 2008, three copies of C’s certificate of personal seal impression issued on August 24, 2010, three copies of C’s certificate of personal seal impression issued on August 24, 201, and one copy of C’s register of shareholder as of July 26, 2010.

Article 1 (Amount of Rent) The defendant confirms that he borrowed the following amount to the plaintiff:

1) The loan contract date in total 2.4 billion won: March 10, 2010; the same year.

4. 30. 30. 4

7. From 26. to 3 occasions, Article 2 (Date of Repayment and Interest): At the time of completion of each of the loan agreements in this case, a loan agreement with respect to KRW 230,000,000 of the respective loan agreements in this case for temporary redemption of cash at the time of completion in accordance with each of the loan agreements shall be valid on March 9, 201; and a loan agreement with respect to KRW 780,000,000 shall be valid on April 29, 201; and KRW 140,000.