대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff, who is a shareholder and the representative director of Defendant B (hereinafter “Defendant Company”), was working for the Defendant Company and deposited the emergency funds in several forms of a provisional payment. Since the Defendant Company and the Defendants agreed to jointly and severally pay the funds to the Plaintiff, the Defendants should pay the said agreed amount to the Plaintiff in accordance with the agreement.
B. Although the Plaintiff and the Defendants’ above repayment agreement between the Plaintiff and the Defendant Company require the resolution of the board of directors as a transaction between the directors and the Defendant Company, the above agreement does not take effect, and thus, there is no obligation to pay the Defendant Company. Therefore, there is no obligation to pay the remainder of the Defendants
2. It is confirmed that A, the former representative director A, who deposited in the corporate passbook from July 20, 2010 to May 31, 2012, deposited in the corporate account book, with the corporate operating fund, shall be paid jointly by stockholders and registration officers.
1. Installment redemption of principal: From July 2012 to July 2012, 10 million won shall be deposited from the last day of each month until the whole amount of the provisional deposit is deducted;
2. Payment of interest: It shall be deposited at the rate of 5% per annum on the remaining amount of provisional deposit when principal is repaid in installments; and
3. Other: If the above-mentioned contents are not fulfilled, all legal responsibilities shall be jointly and severally signed and sealed by the Bank of Bankruptcy and the three persons.
4. Where the repayment of provisional deposit is completed, A shall transfer it to a person who desires to hold a stock.
5. Other details omitted.
A. On June 29, 2012, the Plaintiff: (a) was operating the Defendant Company; (b) prepared a “written undertaking to repay the provisional loan; (c) the obligee was the Plaintiff; (d) the obligor was the Defendant Company; and (e) the joint and several sureties was the remainder of the Defendants; and (e) other major contents are as follows:
(hereinafter referred to as “this undertaking”). (b)
At the time of the preparation of this letter of undertaking, the representative director, F and Defendant D will be the internal director, and Defendant C will be the auditor in the corporate register of the defendant company.