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(영문) 서울남부지방법원 2020.08.13 2019가단210035
대여금
Text

1. The Defendant’s KRW 148,140,442 as well as 3% per annum from January 1, 2018 to January 22, 2019 to the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. On January 11, 2016, the Plaintiff is a company established for the purpose of software development, system integration, maintenance and repair, and technical advisory services. On February 14, 2011, the Defendant is a company established for the purpose of software business, system integration business, etc.) C, D, and E, which are the main business of the Plaintiff Company, entered into a joint management agreement in the attached Form (hereinafter “instant agreement”).

In order to implement the instant agreement, C and E assumed office as an internal director of each Plaintiff Company on July 12, 2016, and C were appointed as the representative director of the Plaintiff Company on November 2, 2017, and E was appointed as the inside director of the Defendant Company on December 15, 2016 and the representative director of the Defendant Company on November 28, 2018.

3) Pursuant to Article 4(4)4 of the instant agreement, the Plaintiff agreed on July 18, 2016 to lend KRW 500,000,000 to the Defendant on July 18, 2016, with the interest rate of KRW 3% per annum and the due date of payment on July 17, 2017.

(A) No. 1, hereinafter “the instant loan”). After the payment of the instant loan, the details of the Plaintiff and the Defendant’s monetary transaction are as shown in the [Attachment A] Statement of Claim Amount Calculation.

(1) The Defendant also stated in the preparatory document dated March 31, 2020 to the effect that all of the remaining portions except for the part of the usage fees of the Plaintiff’s claim under paragraph (19) out of the contents of “the calculation specifications of the Plaintiff’s claim amount” are recognized. [Grounds for recognition] Evidence Nos. 1 through 5, Evidence No. 14 through No. 16, Evidence No. 14 through No. 16, Evidence No. 22, Evidence No. 1 through No. 29, and the purport of the entire pleadings

B. According to the above facts of recognition, the Defendant calculated 3% per annum from January 1, 2018, which was the date of delivery of a copy of the complaint of this case, from January 22, 2019, the date of delivery of a copy of the complaint of this case, to January 22, 2019.

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