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(영문) 의정부지방법원 2019.10.25 2018가합55135

대여금

Text

1. The Defendant’s KRW 1,00,000,000 as well as 5% per annum from November 9, 2018 to October 25, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant: (a) was a company mainly engaged in the business of manufacturing and selling electronic and electric products, and C owned and operated the entire shares of the Defendant; (b) the Plaintiff was appointed as the Defendant’s intra-company director on March 31, 2016.

B. As the Defendant’s management has deteriorated, the Defendant’s corporate bank, D Bank, the Korea Trade Insurance Corporation, and the Korea Technology Finance Corporation constituted “the autonomous council of creditor banks” as the creditors, and on March 31, 2016, a corporate bank as the principal creditor bank entered into an agreement with the Defendant as follows (hereinafter “instant agreement”).

Article 1 (Purpose) The purpose of the instant agreement is to achieve prompt and smooth management normalization of the defendant and to enhance the soundness of the assets of the autonomous council of creditor banks by prescribing matters necessary for the efficient and active performance of the normalization work for the defendant.

[Attachment 2] The representative director before the reduction of employee's benefits until May 2016 (A representative: KRW 1 billion; KRW 1.0 billion; KRW 1.0 billion; KRW 1.3 million; KRW 67% reduction of the current representative director (A) of the unpaid benefits; KRW 4 million (monthly); November 2015; and December 2015; the joint management period of KRW 96 million.

C. The Plaintiff: (a) around October 19, 2015, around 160,00, around 140,000 won; (b) around October 10, 2015, around 120,000 won; (c) around December 18, 2015, around 20,000 won; (d) around December 28, 2015, around 20,000 won; and (e) around January 22, 2016, up to KRW 130,00,000; and (e) around January 25, 2016, up to KRW 50,00,000; and (e) around January 27, 2016, up to KRW 30,000,000; and (e) the Plaintiff’s total amount of money borrowed as KRW 100,000,000; and (e) the Plaintiff’s total amount of money borrowed, respectively.