beta
(영문) 서울중앙지방법원 2015.06.10 2014가합579747

대여금

Text

1. Defendant C shall pay 300,000,000 won to the Plaintiff and 25% per annum from August 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C’s reference to Defendant B’s reference, the director of Nonparty D Co., Ltd. (hereinafter “instant company”) and the representative director of Nonparty E, the largest shareholder of the instant company, was recommended to invest KRW 300 million in the capital increase issued on July 4, 2014 by Nonparty F, the director of Nonparty E and the actual management owner of the instant company.

B. Accordingly, on July 14, 2014, Defendant C decided to participate in capital increase with the above capital increase, and: (a) borrowed KRW 300 million from F (hereinafter “the instant loan agreement”); (b) borrowed KRW 300 million; (c) due date; and (d) borrowed certificates stated as Defendant B and Defendant C (Evidence No. 4; hereinafter “Evidence No. 14 of July 14, 2014”); (c) paid KRW 300 million to Defendant C’s account on July 14, 2014; and (d) paid KRW 70 billion to the Defendants’ respective seal impression No. 30 billion in its name; and (e) paid KRW 40 billion in the name of Defendant C and KRW 40 billion in the name of the Defendants’ respective 30 billion loan certificates; and (e) paid KRW 300 million in the name of the Defendants’ respective 14.7 billion loan certificates to Defendant C; and (e) the Defendants’ 2014.74 billion won in its name.

E. On October 13, 2014, G transferred the instant loan claim to the Plaintiff and notified the transfer of the claim.