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(영문) 서울동부지방법원 2016.05.25 2015가합1497
보증채무금
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 250 million; and (b) annually from October 1, 2011 to May 25, 2016; and (c)

Reasons

Basic Facts

Defendant B’s status E Co., Ltd. (hereinafter “Nonindicted Company”) is a company established on October 31, 200 for the purpose of the business of manufacturing semiconductor equipment and semiconductor manufacturing, etc., and Defendant B was appointed as the representative director of the Nonparty Company on January 20, 2005.

The non-party company promoted a short-term loan as it is short of funds while constructing a new factory.

The Plaintiff, Defendant B, and Nonparty C, upon the Nonparty Company’s request, consulted the Nonparty Company on the registration of the KOSDAQ with the securities that the Plaintiff had become the principal agent of the securities, and the shares of the Nonparty Company may be deemed to have accrued at least four times when registered on the KOSDAQ. The Plaintiff agreed to lend the money to the Nonparty Company by transferring it to the Plaintiff. On February 21, 2006, the Nonparty Company requested Nonparty Company to prepare a letter of loan with the representative director or the former manager’s personal guarantee and requested Nonparty Company to borrow KRW 200 million from the Plaintiff on April 222, 2006, and the interest month to the effect that the Nonparty Company borrowed 5% from the Plaintiff under the joint and several guarantee by Defendant B, and transferred KRW 200 million from the Defendant Company’s account on February 23, 2006 to Nonparty B’s account on February 23, 2006. The Defendant transferred KRW 200 million to Nonparty B’s account.

However, according to Defendant B’s above account, on February 23, 2006, the balance of deposits was received from the Plaintiff on the same day with the status of 270,949, and KRW 200,000 from H on the same day, and KRW 4150,00 among which the balance of deposits was received from the Plaintiff on the same day (the amount of KRW 500,000 shall be deemed to be a remittance fee, and the statement shall be omitted) shall be the amount of I stock, and KRW 20,00,000,000,000,000,000, 188,000,000,000 won was remitted to the Plaintiff, and the balance was remaining 6,17,949,000,000 won, which was remitted to Nonparty Company B as above, as the representative director.

On May 23, 2007, the Plaintiff was the account of the non-party company.

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