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(영문) 서울중앙지방법원 2016.01.20 2015가단116108

대여금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff remitted the money of KRW 60 million to the Defendant on September 24, 2014 (hereinafter “the instant money”) does not conflict between the parties.

2. The parties' assertion

A. The Plaintiff’s instant money was lent to the Defendant without setting interest and maturity, and the Plaintiff, on April 16, 2015, notified the Defendant to pay it up to April 22, 2015, but the Defendant did not comply therewith.

Therefore, the defendant is obligated to pay to the plaintiff 60 million won and damages for delay from April 23, 2015.

B. The Defendant’s instant money is not a loan, and thus cannot comply with the Plaintiff’s claim.

3. Facts of recognition;

A. 1) The Plaintiff, a listed company, C (hereinafter “C”)

2) On March 11, 2010, C paid KRW 1.97 billion to D Co., Ltd. (hereinafter “D”) and acquired new shares and bonds with warrants.

3) D) E Co., Ltd. (hereinafter “E”)

(E) is the controlling shareholder (95 per cent equity ownership), and E is the local farm at the Lao site (hereinafter referred to as “the Lao farm”).

On the other hand, D and E’s representative director are F. 4) The Defendant concluded a labor contract with E from April 2010, and went to the end on April 2014 while taking charge of the operation of the Lao farm.

B. E’s management right acquisition agreement 1) If the Lao farm is not operated smoothly, it would cause trouble in the recovery of investment proceeds, and C would directly take over the management rights of E from F and directly operate the Lao farm. C and F would have concluded negotiations several times with respect to the terms and conditions of acquiring the shares of E owned by D. 2) At the time the Defendant had a claim of USD 60,00 in relation to the operation of the Lao farm, which was not revealed in the financial statements of E.

The F attempted to settle the F with the credit of the Daehan, but the Lao farm has not been settled because the operation of the EM farm was difficult.

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