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(영문) 부산지방법원 2018.12.13 2018나40379

대여금

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. C Co., Ltd (hereinafter “instant company”) was established on March 23, 2010 for the purpose of landscaping planting business, etc., and the Defendant was registered as the representative director of the instant company from the time of its establishment to the date of its establishment. The Plaintiff was registered as an internal director from March 1, 2011 to March 3, 2014.

B. On February 21, 201, the Plaintiff received a loan of KRW 170,000,000 from a national bank, and then deposited KRW 12 (i.e., one sheet of KRW 10,000,000, one sheet of KRW 150,000,000, and then delivered it to all the Defendant. Moreover, on February 28, 2011, the Plaintiff transferred KRW 30,000,000 to the Defendant’s account.

C. The defendant Na

Of the checks stated in this subsection, 160,000 won was deposited in its account, but on February 28, 201, all of them was remitted to D’s account, and on March 12, 2011, the amount of KRW 30,000,000 was remitted to J’s account.

B. Of the checks listed in paragraph (1), ten copies of the remainder 1,00,000 won L, who had worked for the instant company’s business affairs, presented each payment proposal on February 28, 201 and March 2, 201 to the Jlinadong Post Office. < Amended by Presidential Decree No. 23190, Mar. 4, 2011>

At the time of incorporation of the instant company and September 1, 2017, the shareholders status as of September 11, 2017 are as follows:

(E) At the time of its establishment, I are as follows. D. At the time of its establishment, 18,900 45% of the number of shareholders as of September 11, 2017, 18,480 44% of the defendant 4,200 G 9,240 22% E 10,500 25% of plaintiffs 7,140 17% of 140 f8,400 H 5,040 20% of H 5,040 12,105% of 42,000 10% of 42,000 42,00 % of 42,00 % of 10% of the number of shareholders' names as of September 11, 2017, 18,480 444% of the defendant 18,480 G 240% of the testimony of the court below, 13 evidence No.

2. The parties' assertion

A. The Defendant requested the Plaintiff to lend money to the Plaintiff to acquire the instant company from D, and the Plaintiff requested on February 21, 201 to the Defendant on February 170, 2000.