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(영문) 수원지방법원 2016.08.18 2015가합70931

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest rate thereon from November 26, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in the manufacture and sale of electrical and electronic parts, such as ESD lighting, and Defendant D is an inside director of Defendant B. Defendant C is a person who was an inside director of Defendant B, and the Plaintiff is a partner of Defendant C.

B. On October 24, 201, the Plaintiff entered into a monetary loan agreement with Defendant B and 500,000,000 per annum, 15% per annum, 20% per annum, 20% per annum (the 26th day of each month on the date of payment of interest), and on May 27, 2012, to grant a loan by setting the maturity date as the loan agreement (hereinafter “instant loan agreement,” and the said agreement “instant loan agreement”), Defendant C, and D guaranteed the Defendant B’s obligation to return the loan to the Plaintiff.

C. On October 25, 2011, the Plaintiff drafted a contract with the Defendants on the loan agreement of this case with the following content:

(hereinafter referred to as the “instant contract”). Defendant B prepared the instant loan agreement from the Plaintiff, and Defendant C and D promised as follows.

1. The Defendants shall use a loan for the purchase of stocks of MS printing Co., Ltd. (hereinafter “MS printing”).

3. Defendant B shall employ the Plaintiff as an employee and pay the amount of KRW 2,500,000 per month (SP) and shall pay KRW 3,000,000 per month on the condition that MSD bears the relevant taxes.

On October 26, 2011, the Plaintiff paid KRW 500,000,00 to Defendant B. Around that time, the Plaintiff joined Defendant B and received KRW 3,00,000 per month interest on KRW 2,50,000 and KRW 500,000 according to the instant contract.

E. The Plaintiff retired from Defendant B on November 30, 2014, and Defendant B did not pay the interest of KRW 3,000,000 per month to the Plaintiff from November 2014.

【Defendant C’s ground for recognition: The fact that there is no dispute between Defendant B and D under Article 150(3) of the Civil Procedure Act.