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(영문) 서울중앙지방법원 2017.02.03 2015가합508490

대여금

Text

1. The Defendants jointly share KRW 2,850,00,000 with respect to the Plaintiff and the period from December 1, 2015 to February 3, 2017.

Reasons

1. Basic facts

A. 1) The E Co., Ltd. (hereinafter “E”)

) The land within the Gangdong-gu Seoul Metropolitan Government F District (hereinafter “instant project site”).

b)D new projects (hereinafter referred to as “instant projects”)

(2) On June 2, 201, G Co., Ltd. (hereinafter “G”) aimed at real estate development business, etc. on June 2, 2011 to implement the instant project.

2) The Defendant C and I (hereinafter “I”) who were operating Nonparty H Co., Ltd. (hereinafter “H”) established the said G issuance, and owned 100% of the shares of the said G issuance. (2) The J intended to acquire the instant project by accepting the shares of G owned by E.

3) Accordingly, Defendant C requested the Plaintiff to provide funds necessary for acquiring G’s shares. The Plaintiff received a loan from a financial institution on the real estate owned by the Plaintiff and his family members as collateral and provided the loan to Defendant C and J. B. The Plaintiff, I, and H agreed on November 30, 2012 as follows.

(A) No. 4, hereinafter referred to as the “third party agreement”). Section 1 (Purpose) of this Agreement aims to provide for the Plaintiff’s rights and obligations to invest in I and H in order for I and H to secure management rights of G.

Article 2 (Matters to be Agreed on and Executed)

1. I and H agree to acquire management rights for 20% of the issued shares of G (hereinafter “subject shares”) and subject shares in return for the Plaintiff’s investment for the project at the same time as G shares are secured, as well as for the acquisition of management rights for the subject shares.

3. After securing the right of management of G, the Plaintiff, I, and H agree to register Defendant C as a joint representative director of G, the Plaintiff and K as a registration director, and (a).

At this time, the plaintiff's annual salary is agreed to be paid at a level of KRW 60 million.

4. I and H shall grant refined loans after completion of D.