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(영문) 의정부지방법원 2015.12.04 2015가합53152

대여금

Text

1. The plaintiff A, a corporation:

A. The Defendants are jointly and severally liable for KRW 120,000,000 and the Defendants shall be jointly and severally liable for the said costs from August 11, 2010 to August 2015.

Reasons

1. Facts of recognition;

A. On August 10, 2010, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) leased KRW 120,000,000 to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) at the maturity of payment on August 10, 201 and at the interest rate of 6% per annum, and Defendant D and E jointly and severally guaranteed the above loan obligation.

B. On August 17, 2010, between the Defendant Company and the Defendant Company, the Defendant Company secured the right to supply a server produced by the Plaintiff Company to the company holding the right to supply a new and renewable energy project in progress with Matine Enigy. However, the Plaintiff Company entered into a contract with the Defendant Company to transfer 20% of the Plaintiff Company’s shares in the Plaintiff Company (hereinafter “instant contract related to the right to supply a server”).

C. On September 15, 2010, between the Defendant Company and the Defendant Company, the Defendant Company entered into a contract with the Plaintiff Company to transfer the Plaintiff Company’s right to appoint 5% of the shares of the franchiseing Company and one member of the franchiseing Company, and the Plaintiff Company would pay 10,000 U.S. dollars to the Defendant Company (hereinafter “instant stock transfer contract”). On the same day, the Plaintiff Company paid 17,525,000 U.S. dollars to the Defendant Company.

Plaintiff

B on April 19, 201, 30,000 won was fixed and lent to Defendant D as the end of July 2011.

E. After that, the Plaintiff Company expressed its intent to cancel each of the above contracts, as the Defendant Company failed to perform its duty to secure the right to supply the servers according to the instant contract and the stock transfer contract, and thereby failing to perform its duty to transfer the company’s shares, and the said declaration of intention reached the Defendant Company.

[Ground of recognition] between the plaintiff and the defendant company: A without dispute, each entry of Gap evidence Nos. 1 through 8 (including each number), the purport of the whole pleadings, and between the plaintiff, defendant D, and E: the Civil Procedure Act to provide a confession.

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