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(영문) 서울동부지방법원 2019.05.10 2017가합106976

대여금

Text

1. As to the Plaintiff, Defendant B Co., Ltd.: KRW 750,000,000 and KRW 500,000 among them, from January 1, 201 to December 12, 2011.

Reasons

1. Basic facts

A. On February 19, 2009, the Mayor of Dongdaemun-gu Seoul and 22,908 square meters of land outside Dongdaemun-gu were designated as a H market improvement zone and the Defendant B was appointed as a project implementation representative for H market improvement projects (hereinafter “instant improvement project”).

B. The E Co., Ltd. (hereinafter “E”) is a parent company (parent company) with 95.52% of the shares issued by Defendant B, which is established for the purpose of a market improvement project, and I concurrently holds the office of representative director E and Defendant B.

C. On December 31, 2010, Plaintiff E entered into a written agreement with the loan agreement to lend funds (hereinafter “instant agreement”) as follows, and transferred KRW 500 million to E’s account on the same day.

Article 2 (Loans) (1) The limit of total amount of loans shall be KRW 00 million.

2. The KRW 00 billion out of the above limit shall be deposited in cash to the E’s passbook account immediately after the conclusion of this contract.

(3) The balance of a loan shall be paid to E in the same manner as the above-mentioned paragraph by January 31, 201.

Article 3 (Repayment of Loans and Interest Rate) (1) The repayment of loans under the above Article 2 shall be made by December 30, 201 and the repayment may be made even before the repayment period.

2. Where repayment is made within the deadline under the above (1), 18% per annum shall apply to the interest on the loan, and 20% per annum shall apply to the interest rate for the number of delayed days of repayment if repayment is not possible within the deadline for repayment.

Provided, That the interest amount on the loan (including interest on arrears) shall be paid at the time of repayment of the principal.

Article 4 (Matters of Special Agreement) (1) Matters premised on the execution of this Agreement in relation to the borrowing of funds shall allow the plaintiff to undertake construction works falling under “civil engineering works” among the types of construction works for the commencement of construction works due to the progress of H market improvement projects, which shall be approved to transfer to the plaintiff.

2. The scope and method of construction of “civil engineering works” as referred to in the above (1).