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(영문) 서울중앙지방법원 2015.12.03 2015가합526153

대여금

Text

1. The Defendant: (a) KRW 2,000,000,000, and 5% per annum from April 23, 2015 to December 3, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a corporation C (hereinafter referred to as "C").

(E) and E Co., Ltd. (hereinafter “E”);

As a major shareholder, E was the representative director. In addition, the Defendant is F Co., Ltd. (hereinafter “F”).

(2) G served as the representative director of C and E, and is currently E’s representative director.

3) The Plaintiff became aware of the Defendant through G that was well aware of the business relationship in Daegu. (B) The Plaintiff was asked by G to lend KRW 2 billion to the Defendant around July 22, 2013.

2) Upon the Defendant’s request, the foreign exchange bank account in H’s name holding 122,00 shares of F was deposited in the total of KRW 2 billion over four times on July 22, 2013 in the Plaintiff’s penal name. 3) On July 22, 2013, the Defendant changed the F’s shares held in H’s name into the Plaintiff’s penal name.

In this process, the share sales contract was prepared on July 18, 2013 between H and I.

F on March 31, 2014, the Statement on the Change of Stocks, etc. (Evidence B(Evidence B(3)) stated that I holds 10,000 shares of F.

C. On November 5, 2014, the Defendant issued a written statement of performance to the Plaintiff (Evidence A; hereinafter “instant written statement of performance”) to the Plaintiff on November 5, 2014.

2) In the event that the amount borrowed from the Plaintiff in November 6, 2013 is not repaid as KRW 2 billion and interest KRW 200 million, it is confirmed that 10 percent of shares C (which is located in Daegu City) will be transferred to the Plaintiff.

‘........'

The Defendant paid interest of KRW 200 million to the Plaintiff thereafter, and the Plaintiff prepared a receipt.

[Grounds for recognition] Each entry in Gap evidence Nos. 1, 3 through 6, 8, 11, 13, 14, 15, 16, and Eul evidence Nos. 1 through 5 (including paper numbers), witness G's testimony, and the whole purport of the pleading.