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(영문) 대전지방법원 2020.02.11 2018나117928

대여금 등 청구의 소

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

The scope of the judgment of this court was ① the loan made on August 12, 2015, ② the loan made on February 1, 2016, and each damages for delay made on the loan made on February 1, 2016, and the first instance court accepted this in whole.

In this regard, the Defendant appealed only on the loan and the claim for damages for delay as of August 12, 2015, and thus, the subject of the judgment in this Court is limited to the loan and the claim for damages for delay as of August 12, 2015.

① The Plaintiff’s status in the Plaintiff Company, E Company, and Defendant Company is a company established for the purpose of golf courses, agricultural chemicals, wholesale and retail business, etc. for the purpose of selling fertilizers.

C is holding 100% of the Plaintiff’s in-house director and 100% of the shares issued by the Plaintiff, and is practically managing the Plaintiff.

(Plaintiff’s representative and F are C’s wife. E Co., Ltd. (hereinafter “E”) is a company established for the purpose of supplying golf course management materials.

C is the only internal director of E and 50% of the issued shares of E and substantially manage E.

C and D established the Defendant on January 2014, for the purpose of proliferation and distribution and sales business of Blulue. At the time of establishment, C and D held 9,000 shares (90%) and 500 shares (5%) of the total number of shares issued at the time of establishment, and D were appointed to the representative director, and C respectively to the inside director.

Around June 19, 2012, H A agreed to collect 1,000 won per share from the profits earned by the non-party company in return for the propagation and management of seedlings by concluding a contract with H Co., Ltd. (hereinafter referred to as “non-party company”) to distribute and manage seedlings.

Accordingly, as of March 13, 2014, the non-party company's debt to D is KRW 134,667,643.

On April 2, 2014, E is a non-party company E and the non-party company.