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(영문) 대전지방법원 2020.08.12 2019가합108859

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 450,000,000 and for this, KRW 7.9% per annum from October 1, 2013 to September 30, 2019.

Reasons

1. Facts of recognition;

A. On September 11, 2009, the Plaintiff prepared an investment agreement with Defendant B and D regarding the entertainment planning business of “E” promoted by Defendant D’s children (hereinafter “instant agreement”), and paid KRW 100 million to Defendant B.

(hereinafter “instant No. 1”). (b)

On August 3, 2011, the Plaintiff drafted an agreement with Defendant B, the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”) as follows:

(hereinafter “instant agreement”). One day of the loan of KRW 250,000,000,000 from F Bank, the repayment of the principal and interest on the loan is to be made exclusively by Defendant C and an individual, and accordingly, Defendant C and the representative director is to be in charge of the repayment of the principal and interest on the loan. Accordingly, at the same time the Plaintiff’s receipt of the loan is transferred from the Plaintiff’s account to the Plaintiff’s corporate account, the principal and interest are to be transferred. The monthly payment of interest is to be made by automatic transfer from the Defendant C corporate account opened by automatic transfer to the Defendant C corporate account, and all principal and interest are to be paid in full from Defendant C corporate account.

2. The remaining amount of KRW 100,000 shall be deposited monthly from the F Bank Loan Interest Rate to the Plaintiff’s designated account on the date of deposit into the Defendant C Corporation Account; and the Defendant C and the Defendant C Representative Director B shall be jointly responsible for these amounts and shall not cause any damage.

3. Pursuant to paragraph 1 above, the monetary and tax damage of the lending party by the lending party cannot be all caused, and the above lending party shall be borne by the defendant C and the representative director.

C. In accordance with the instant agreement, the Plaintiff paid KRW 350 million to Defendant C, including KRW 10 million on August 5, 201, KRW 200 million on August 22, 2011, KRW 40 million on November 22, 2011, KRW 10 million on March 9, 2012, and KRW 350 million on March 9, 2012.

(hereinafter “instant No. 2”). D.

On October 10, 2013, the Plaintiff totaled KRW 1 and 2 of this case to Defendant B.