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(영문) 서울중앙지방법원 2016.02.16 2014가단248497

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) Defendant B, the primary cause of the claim, found the Plaintiff around May 2006, and Defendant C, the Plaintiff’s children, as the representative of the Defendant C (hereinafter “Nonindicted Company”).

(2) On May 20, 2006, when the shares of Defendant B were listed and received the above shares, they leased KRW 90 million from Defendant B’s office without interest agreement. Defendant B, around June 2006, jointly and severally guaranteed the above loan obligations by means of preparing and delivering a receipt of stock purchase under the name of the Defendant C (A-1) on behalf of the Defendant C, the Defendants are jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 90 million and damages for delay. (2) Even if the Plaintiff appears to have purchased the shares of the Nonparty Company, even if the Defendant was not the representative director of the Nonparty Company at the time of the purchase, the Defendants were to be the representative director even if they were not the Plaintiff at the time of the purchase and sale of the shares, and the above shares were listed on May 20, 2007 and were sold to the Plaintiff at KRW 90,000,000,000 per share, in light of the fact that the shares were sold to the Plaintiff at KRW 1,500,00,00 per share.

3 even if the Plaintiff appears to have purchased shares of the non-party company with KRW 90 million and KRW 90 million, Defendant C issued and issued share certificates to the Plaintiff as the seller of the above shares, or failed to perform its duty to notify the transfer of shares with a fixed date. The Plaintiff requested the return of the purchase price of shares on several occasions, and the Plaintiff implicitly requested the return of the purchase price of shares.