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(영문) 광주지방법원순천지원 2016.10.07 2016가단72553

대여금

Text

1. As to the Plaintiff KRW 80,000,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000,000 from July 1, 2014.

Reasons

1. Basic facts

A. The Plaintiff, who had a representative director of the Defendant (former: C Co., Ltd.), transferred each of the Defendant’s KRW 30,000,000 to the Defendant on March 13, 2014, and KRW 50,000,000 on June 2, 2014.

B. As to the money remitted as above, the loan certificate was written with the purport that the Plaintiff and the Defendant would repay KRW 30,000,000 on March 13, 2014 with the due date set at 2% of the interest month, and the amount of KRW 50,000 on June 2, 2014, and the amount of KRW 2% on September 30, 2014 was set up.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1 and 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 80,000,000 won with interest or delay damages at the rate of 2% per month from the respective borrowing date to the full payment date, unless there are special circumstances.

B. The Defendant’s assertion and its determination 1) The Defendant’s assertion that the Plaintiff agreed to interest without the approval of the board of directors while lending money to the Defendant. As such, the above interest agreement is null and void. (2) The purport of Article 398 of the Commercial Act stipulating that a director shall obtain the approval of the board of directors in connection with a transaction between a director and a company is to prevent a director from benefiting himself/herself or a third party through a transaction with the company, and from causing losses to the company and its shareholders. As such, the act of lending money to the company of a director, which is likely to conflict between the company and the director, constitutes an act of self-transaction by the director under Article 398 of the Commercial Act. However, in the event that a director’s lending of money to the company without the collateral agreement or interest agreement does not cause any disadvantage to the company due to a conflict of interest between the company and the director,

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