beta
(영문) 대구지방법원서부지원 2016.09.09 2015가합1438

대여금

Text

1. The Defendants shall jointly and severally pay 180,000,000 won to the Plaintiff and 24% per annum from December 1, 2009 to the date of full payment.

Reasons

1. Basic facts

A. On November 30, 2009, the Plaintiff borrowed 180 million won from Defendant B under the joint and several sureties of Defendant C, D, and E at an annual interest rate of 24% per annum, and on March 30, 2010, the maturity was determined and lent (hereinafter “the instant loan”). Defendant B borrowed this for the purpose of criminal agreement.

B. Agreement between the Plaintiff and the Defendant B on the partnership

(1) On October 7, 2008, Defendant B established F Co., Ltd. for the boiler manufacturing business, etc., and took over all 10,000 shares with a face value of 10,000 won (However, Defendant B acquired 500 shares in the name of Defendant B, and 500 shares in G under its spouse’s name) as representative director.

(B) Defendant B was registered as the representative director from October 7, 2008 to October 7, 201, and from February 2, 2012 to July 10, 2012). Defendant B changed the trade name of F Co., Ltd. to I (hereinafter “I”) on August 2010 and transferred the real estate to the real estate of this case between the Plaintiff and the Plaintiff on August 2010. Defendant B purchased HP land in Cheong-gun, Chungcheongnam-gun, Cheongdong-gun, Cheongdong-gun, Seoul, the Plaintiff invested funds to F, and transferred its address to I (hereinafter “I”).

On the other hand, on August 17, 2010, I changed total issued shares from 10,00 to 30,000 shares, and 15,500 shares (=Defendant B B 15,000 shares G 500 shares) were actually owned by Defendant B, and 14,50 shares (48.33%) were owned by the Plaintiff.

In addition, the Plaintiff was appointed as an auditor by the I on August 16, 2010, but was dismissed from office on August 26, 2010, and was appointed as an internal director on August 25, 201, and was dismissed from office on August 25, 201, and was appointed as an internal director on February 2, 2012, and thereafter was appointed as the representative director on July 10, 2012, and thereafter retired from office on June 10, 2013.

Abstract. I purchased the instant real estate from Thai on August 17, 2010 in 1.5 billion won.