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(영문) 수원지방법원안양지원 2014.11.20 2012가합1059

대여금 등

Text

1. The plaintiff's primary claim and preliminary claim against the defendant (appointed party) and the appointed party C, and the appointed party D.

Reasons

The plaintiff is a person who engages in credit business under the trade name of E, and the designated person D was a representative director of F (trade name after the change: G; hereinafter referred to as "F") by December 27, 2006, and the defendant and the designated person C, who are the husband of the designated person D, are the former directors of each F.

On February 14, 2007, the Plaintiff and the Selection D respectively concluded a monetary loan agreement with the following terms and conditions, and the remaining terms and conditions are the same as the monetary loan agreement and set forth only 23,300,000 won as the borrowed amount.

(hereinafter referred to as "each of the Loan Agreements of this case" in the language of each of the above agreements. The Loan Agreements of this case

1. Selection D shall offer to the Plaintiff 1,546 shares of Nexex Co., Ltd. (hereinafter “Sex Company”) holding D (the amount of KRW 5,000/1,546 shares per share) as security and shall borrow KRW 100,00,000,000 per share to the Plaintiff (including the interest rate of KRW 2% per annum).

2. The loan period shall be from February 8, 2007 to February 7, 2008.

3. The Plaintiff should exercise the right of voluntary disposal of the security under Paragraph 1 offered by the Appointor D upon the expiration of the loan period, if the Appointor D fails to repay its obligation to the Plaintiff.

4. The Plaintiff may not exercise against the Appointor D any other claim acts other than those under Paragraph 3.

The Appointor D delivered to the Plaintiff a certificate of non-issuance of the share certificates issued by the non-party company and a certificate of personal seal impression attached to each loan agreement confirming that the Appointor D owns 1,546 common shares to be issued in non-party company’s non-party company’s non-party company’s non-party company’s non-party company

【In the absence of dispute over the grounds for recognition, Gap 2, 3, 10 evidence, Eul 3 and 4 evidence (including each number in the case of additional numbers), the plaintiff’s assertion as to the claim principal claim against the designated party D as a whole, and the plaintiff’s claim as to February 14, 2007, including the principal and interest, respectively. < Amended by Presidential Decree No. 10685, Feb. 14, 2007; Presidential Decree No. 17007, Feb. 14, 2007; Presidential Decree No.