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(영문) 서울중앙지방법원 2020.02.07 2019나31589

대여금등 반환청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant Company B (hereinafter “Defendant Company”) is a company established on January 7, 1999 for the purpose of producing and selling pre-paid cards and electronic currency, and conducting the business of settling payments, and Defendant C is a director or representative director of the Defendant Company since its incorporation.

See The plaintiff was holding part of the shares of the defendant company.

B. The Plaintiff’s deposit with the Defendants is the Defendant C’s account for 260 million won on May 8, 2006, and the same year.

5. October 40, 2000 won shall be deposited in each account of the defendant company, and deposit KRW 10 million in each account of the defendant company on July 21, 2006, and KRW 250 million on April 25, 2007.

C. On March 14, 2008, the Plaintiff paid KRW 900 million to the Defendant Company as the subscription price for the convertible bonds issued by the Defendant Company, but failed to accept the said convertible bonds due to the failure to issue them properly.

【However, D Co., Ltd. (hereinafter “D”)

on April 3, 2008, a written contract between the defendant company and the defendant company to acquire convertible bonds in one billion won issued by the defendant company, and the plaintiff has the same year.

4. 10. D Between D and D, the Plaintiff drafted a contract with D to acquire the said convertible bonds in KRW 900 million.

[D. On March 17, 2008, the Plaintiff’s loan to the Defendant Company and the Plaintiff’s joint and several sureties’s joint and several sureties lent KRW 1 billion to the Defendant Company at the interest rate of 8.5% per annum, and one year, and the Defendant C guaranteed the Defendant Company’s loan obligations to the Plaintiff. The Defendant C guaranteed the Defendant Company’s loan obligations to the Plaintiff. The Plaintiff did not have any dispute over the grounds for recognition, the entries in Gap’s 1, 2, and 4, and evidence Nos. 3-1 through 3

2. The Plaintiff’s assertion that the Defendant Company was the Plaintiff, ① KRW 5.6 million prior to March 14, 2008, and KRW 879,69,690,409 (= Principal KRW 5.60 million as of March 12, 2018), and ② Interest KRW 319,690,409 as of March 12, 2018). < Amended by Act No. 8853, Mar. 2, 2008>