대여금반환
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. (i) Acceptance, etc. of the non-party company (i) together with the defendant, F took over the non-party company E Co., Ltd. (D Co., Ltd. on November 26, 2008; hereinafter "Co., Ltd.") around January 6, 2010 in order to conduct the business of receiving and disposing of steel wastes from sco Co., Ltd. with the defendant; and on the same day, F was the representative director of the non-party company; and the defendant was the director of the non-party company, respectively.
D. When F was detained on suspicion of fraud, etc. around January 2009, the defendant was appointed as the representative director of the non-party company on behalf of F on January 19, 2009.
On the other hand, F was released on February 2009, and the defendant resigned on December 10, 2009.
B. The Plaintiff’s investment in the non-party company was solicited by F to make an investment in the non-party company. From April 3, 2009 to November 30, 2009, the Plaintiff transferred a total of KRW 584,400,000 to the bank account of the non-party company, and transferred KRW 50 million to G as required by F on November 11, 2009, and KRW 50,000,000 to H, respectively.
(hereinafter referred to as the “instant investment”) total amount of KRW 684,400,000 (hereinafter referred to as the “instant investment”).
On December 3, 2009, the Plaintiff, the Defendant, and the F made up the loan certificate and the written contract of this case (hereinafter “the loan certificate of this case”) as set out in the following (i) and, at the same time, set up the following written contract (hereinafter “the contract of this case”).
(1) The loan certificate of this case 730 million won is borrowed from the plaintiff.
The due date shall be until December 31, 2013, and interest shall be 25% per annum.
The debtor: the debtor; the debtor; the debtor; the debtor; the debtor; on April 3, 2009, invested KRW 684 million in the non-party company; and the non-party company, in return, will transfer 40% of shares to the plaintiff until June 30, 2009.
On December 7, 2009, the defendant's acceptance of the plaintiff's shares and appointment of the representative director is equivalent to 45% of the total number of shares issued by the non-party company to the I designated by the plaintiff.