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(영문) 서울중앙지방법원 2016.09.23 2015가합3452

대여금등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. is from 23,211,726 UN and February 27, 2015.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

) The Seocho-gu Seoul N has its head office and is a company that operates consumer financial business, credit business, etc., and its Internet homepage (O and Japan, and its server was established and managed in Korea.

hereinafter referred to as "website" only

Meanwhile, the Defendant Company completed the registration of credit business, but the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act on the Regulation of Conducting Fund-Raising Business without Permission”).

(2) The Plaintiff did not obtain authorization, permission, or file a registration regarding the act of raising funds from many and unspecified persons as prescribed in Article 2.2) The Plaintiff is a Japanese person and a person who leased money to the Defendant Company by being paid interest at the rate of 9.5% or 11% per annum from the Defendant Company.

3) Defendant C served as the representative director of the Defendant Company from October 26, 1999 to March 31, 2002; from April 15, 2002 to March 31, 2006; and Defendant C has a position as the president of the Defendant Company even after the resignation of the representative director. 4) Defendant D is working as the representative director of the Defendant Company from March 31, 2006 to December 5, 2012. < Amended by Act No. 11378, Dec. 13, 2012>

5) Defendant E is serving as an auditor of the Defendant Company from March 30, 2012 to December 6, 2012. Defendant F served as an outside director of the Defendant Company from November 23, 2012 to December 5, 2012. Defendant E is serving as an internal director of the Defendant Company from December 13, 2012 to December 13, 2012.

7) The defendant G is the head of the overseas business division of the defendant company. 8) The network H is a person who holds office as a director of the defendant company from October 26, 1999 to March 31, 2005 and takes overall charge of Japanese affairs.

On the other hand, on September 25, 2015, the deceased on September 25, 2015, during the instant lawsuit, Defendant I, his spouse, and Defendant J taken over the instant legal proceedings.

9 Defendant K is a director or internal director of the Defendant Company from March 31, 2002 to July 25, 2011.