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(영문) 서울동부지방법원 2014.07.25 2014가합100366

대여금

Text

1. The Defendant’s KRW 580,000,000 as well as its annual 6% from November 6, 2013 to February 14, 2014 to the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in each of the evidences No. 6-1, No. 1, No. 1, and No. 4.

The Plaintiff worked as a person in charge of accounting in D Co., Ltd. before the merger (formerly changed, Co., Ltd.; hereinafter “D”) and retired around August 2010, and the Intervenor as a director and major shareholder of D, and the Defendant as a corporation established for the purpose of general tourism resort business, lodging business, etc. as a corporation that merged D on December 31, 2013.

B. On May 23, 2013, the Defendant: (a) between the 10 shareholders, including the Intervenor, who is a major shareholder of D, and all the 140,000 won (a total of KRW 1,40,000,000,000,000) and the management right of the said shareholders at the time; (b) on the date of concluding a contract, the said shareholders shall purchase the entire shares of D from all the said shareholders at KRW 1,80,000,000,000,000,0000,0000,0000,0000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,0000,000,000,000,000,000).

6. 21. 80 million won was paid respectively.

C. However, at the time of the above stock acquisition agreement, there were still short-term loans owed by D’s shareholders and officers. At that time, the Defendant and the Intervenor agreed to determine the said short-term loans as KRW 4.5 billion, and the Defendant agreed to pay to the intervenors KRW 4.5 billion as additional purchase price for the entire stocks and management rights of D.

Therefore, the sum of the purchase price of all shares and management rights of D is KRW 5.58 billion. D.

However, with respect to the defendant and the intervenor, the plaintiff is worth KRW 4.5 billion.