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(영문) 서울고등법원 2018.08.17 2017나2058800

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1300,000,000 as well as to the above.

Reasons

1. Basic facts

A. The Plaintiff is a company established on March 23, 2001 for the purpose of development, supply, and consultation of software. The Defendant acquired 20,000 shares of the Plaintiff around July 2004 and 20,000 shares of the Plaintiff around September 2005, but transferred 20,00 shares of the Plaintiff to the Plaintiff on March 31, 2009, as follows. 2) E was working as the Plaintiff’s director from November 16, 2001 to November 16, 2004 and from November 30, 206, from October 6, 201 to October 106 to October 16, 2004.

Until now, the plaintiff has served as representative director.

3) From September 27, 2005 to September 27, 2014, C served as the Plaintiff’s director and the representative director, and from March 28, 2008 to December 2, 2013, G served as the Defendant’s director. From November 30, 2006 to March 30, 2015, G served as the Plaintiff’s auditor. (b) On October 20, 2008, the Plaintiff leased KRW 300,000,000 to the Defendant on December 20, 2008, with a maturity of KRW 300,000 as the interest rate and annual rate of KRW 9% as of December 20, 2008.

(2) The Plaintiff and the Defendant extended the repayment period of the instant loan to March 20, 2008, and extended to March 20, 2009 on March 20, 2009. On March 20, 2009, the Defendant extended to the Plaintiff on April 20, 2009. 3) From October 20 to March 31, 2009, the Defendant paid to the Plaintiff KRW 5,326,010 on December 30, 208, as the interest accrued from the instant loan, KRW 6,657,530 on July 6, 2009, KRW 11,983,540 on December 30, 2008.

C. The Plaintiff and the Defendant’s share acquisition agreement 1) around March 31, 2009, the Plaintiff entered into a contract to acquire KRW 450 million of the Plaintiff’s shares owned by the Defendant from the Defendant (hereinafter “instant share acquisition agreement”).

(1) The main contents of the instant share acquisition agreement are as follows. Article 2 (Shares subject to transfer)