대여금
1. Of the judgment of the first instance court, the part against the Plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
1. Facts of recognition;
A. The Defendant was the representative director of C (hereinafter “C”) from February 2007 to June 201, and the Plaintiff was the representative director of C’s private affiliated company D (hereinafter “D”) from February 2007 to June 201.
B. By February 2007, E served as the representative director of D, and held 4,000 common shares of D.
(c)
On November 22, 2007, the Plaintiff entered into a monetary consumption lending contract with the Defendant to lend KRW 40,000,000 to the Defendant as the due date (Provided, That on or before December 31, 2009, the Plaintiff did not claim the return of the said money and can at any time make repayment to the Defendant).
The Plaintiff received 40,000,000 won from the retirement pay to be paid in the future from D as a loan under the above monetary consumption lending contract.
(d)
On November 22, 2007, the plaintiff entered into a stock trust agreement with the defendant. The main contents are as follows.
Section 1 (Subject Matter of Trust) This Agreement covers 40% (4,000 shares out of the total number of 10,000 shares) of D Shares that the Plaintiff purchases from existing shareholders E.
Article 2 (Trust Method) The Defendant shall provide the Plaintiff with KRW 40,000,000 for the purchase of shares.
The plaintiff concludes a share sales contract with the existing shareholders E, and pays the purchase price with the funds received from the defendant, and acquires the status of D shareholders.
Article 3 (Management of Trust Property) When the plaintiff exercises all rights and duties as a shareholder, he/she shall comply with the defendant's will and exercise them for the benefit of the defendant.
The rights and benefits acquired by the plaintiff as a shareholder shall belong to the defendant.
E. On November 22, 2007, the Plaintiff paid KRW 40,000,000 to E, acquired D’s common shares from E, and was registered as the Plaintiff owned KRW 4,000 on D’s shareholder list.
F. D The Bankruptcy Declaration (Seoul Central District Court) dated 15 November 2013.