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(영문) 청주지방법원 2018.05.11 2017가단100925

대여금

Text

1. For the plaintiffs:

A. As to the Defendant C’s KRW 20 million and its KRW 10 million, the remainder from August 29, 2008.

Reasons

1. Basic facts

가. 주식회사 E(이하 ‘E’이라 한다)은 부동산개발업, 토목건축공사업 등을 목적으로 설립된 회사로서, 2007.경부터 경기 가평군 F 외 5필지의 임야를 매수하여 전원주택, 노인복지시설, 청소년수련원, 동ㆍ식물관련시설 등의 건축을 목적으로 한 산지전용허가를 받은 후 토목공사를 하여 위 주택 등의 부지를 조성하고 이를 분양하는 사업(이하 ‘제1사업’이라 한다)을 시행하였고, 2008. 5.경부터는 경기 G 외 4필지의 토지를 매수하여 골프연습장을 건축하는 사업(이하 ‘제2사업’이라 한다)도 추진하였다.

B. From December 27, 2007 to January 27, 2010, Defendant C was respectively registered as the representative director of Defendant C, and Defendant D as a director of E.

C. Around February 18, 2008, the Plaintiffs borrowed KRW 100 million from Defendant C, the representative director of E, to pay KRW 160 million, not later than December 31, 2008, and consented to the proposal. On February 20, 2008, the Plaintiffs transferred KRW 15 million to Defendant D’s account, KRW 65 million to E’s account, and KRW 20 million to E’s account on February 21, 2008, respectively.

(hereinafter referred to as “loan 1”) d.

On August 25, 2008, the Plaintiffs promised to borrow approximately KRW 4.5 billion from Defendant C, the representative director of E, only one month of borrowing KRW 50 million necessary for the second business, and he/she promised to borrow KRW 4.5 billion from the Future Savings Bank to receive a loan with the facility fund pursuant to the business plan of the second business. By September 30, 2008, the Plaintiffs agreed to receive the loan by September 30, 2008, and then lent KRW 20 million to E in the name of E by remitting KRW 20 million and KRW 20 million from September 1, 2008, respectively. < Amended by Presidential Decree No. 20674, Aug. 29, 2008; Presidential Decree No. 20650, Sep. 1, 2008>

(hereinafter referred to as “second loan”). (e)

The Plaintiffs did not repay the loans Nos. 1 and 2 by the due date, and the Defendants were loans No. 1 and 2.