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(영문) 서울중앙지방법원 2019.09.05 2018가단5069192

대여금

Text

1. The part of the plaintiff A's claim amounting to KRW 47,390,00 among the lawsuit of this case shall be dismissed.

2. Plaintiff B’s claim and Plaintiff A’s claim.

Reasons

1. Basic facts

A. The summary of the parties is a company established on December 15, 2009 with its principal business purposes such as the construction and operation of entertainment, leisure industry and related facilities. At the time of its establishment, the Defendant issued 50,000 common shares of 10,000 per share, and its capital is KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000.

Plaintiff

A, from December 15, 2009 to January 14, 2012, and from January 14, 2013 to January 14, 2016, and Plaintiff B’s children.

B. From December 9, 2009 to June 7, 2012, Plaintiff A lent a total of KRW 1,158,163,717 to the Defendant.

However, as the above loan was not repaid, the Plaintiff and the Defendant’s representative director, entered into a share acquisition agreement with the Plaintiff on February 5, 2014, on which the Plaintiff acquired 14,200 shares equivalent to 71% of the Defendant’s outstanding shares, and that the remainder of 1,300,000,000 shares shall be replaced by part of the acquisition price, and that the remainder of 1,300,000 won shall be KRW 100 million until February 5, 2014, KRW 40 million until February 20, 2014, KRW 50,000 until February 5, 2017, and KRW 300 million shall be paid by transferring the ownership of the Plaintiff’s forest and fields to E by February 20, 2014.

C. Accordingly, on February 5, 2014, Plaintiff A paid KRW 100,000,000,000, which is the date of the said contract, to E, and began to operate the Defendant Company after obtaining corporate approval books and corporate bankbooks.

During the above period, the plaintiff A exercised the management right of the defendant company and directly acquired profits generated from the workplace, including the store (store) and photographing facility.

After that, between February 15, 2014 and March 24, 2014, Plaintiff A transferred KRW 42,390,000 to the Defendant nine times, and KRW 5,000,00 to Nonparty F, a business operator injured on duty, respectively, on February 13, 2014; and Plaintiff B remitted KRW 5,00,000,000 to the Defendant on February 13, 2014.

However, the plaintiff A and the defendant are thereafter mentioned.