beta
(영문) 서울고등법원 2017.11.16 2016나2034227

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff was the representative director of the F in charge of the dispute resolution plan from September 29, 2005 to March 7, 2006, and from March 23, 2006 to April 11, 2006.

On December 13, 2016, the LAF changed its trade name to the “C”.

The defendant was the representative director of the Co., Ltd. from December 13, 2006 to December 13, 2009, from March 31, 2010 to February 25, 2013, and is the representative director of the Co., Ltd. from June 26, 2013 to February 26, 2013.

B. On August 27, 2007, the Defendant received KRW 500 million from the Plaintiff and prepared and delivered the following confirmation document (hereinafter “instant confirmation document”).

The confirmation of the correct letter: the defendant;

1. He shall receive KRW 500 million from the Plaintiff regularly.

2. It confirms that 300 million won out of the above amount should be used for the capital increase with new shares issued by the Korea Development Bank (Plaintiff's name).

3. It confirms that KRW 200,000 will be borrowed by the Defendant and the repayment of the borrowed amount will be made until November 30, 2007.

C. On April 12, 2007, G of the third party on the plaintiff's right to claim the return of share certificates to the KCAC, the Seoul Central District Court filed an application for provisional attachment against the plaintiff's "60,000 common share certificates issued by the KCAC" (hereinafter "instant share certificates") for the plaintiff's "60,000 common share certificates issued by the KCAC."

On April 23, 2007, the above court rendered a provisional attachment decision on the right to claim the return of the above share certificates (Seoul Central District Court Decision 2007Kadan2637) and on April 26, 2007, delivered the provisional attachment decision to the KCAC.

On the other hand, on April 27, 2007, the Seoul Central District Court applied for provisional attachment of the plaintiff's right to claim the return of "60,000,000 common share shares," issued by the plaintiff in the Seoul Central District Court.

On May 3, 2007, the above court rendered a provisional attachment on the right to claim the return of the above share certificates (Seoul Central District Court case 2007Kadan3023 case, hereinafter "the provisional attachment of this case") and served a provisional attachment order on the same day to the KCAC.

The plaintiff 1 shall receive 600,000 share certificates of the plaintiff c. 6 million share certificates to the defendant on May 28, 2007, and the plaintiff shall receive the notice from the defendant on May 28, 2007.

. At present;