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(영문) 수원지방법원 2019.12.12 2019나50205
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On May 29, 2013, the plaintiff (1) and the defendant (son) came to know each other about the basic facts of the claim (the defendant was working as an insurance solicitor at the non-party E Co., Ltd., but the plaintiff was married to the plaintiff's husband by introduction of the defendant). On March 6, 2012, the plaintiff loaned 50 million won to the defendant (the contract was not prepared at the time of the transaction of the loan for consumption, and the defendant paid interest calculated at the rate of approximately 12% per annum to the plaintiff). The remaining loan was KRW 195 million as of May 29, 2013.

(2) On July 11, 2013, the Defendant acquired new shares 8,000 shares (8,000 shares out of the new shares issued by the non-party company as of August 31, 2013) issued by the non-party company C (hereinafter “non-party company”). (2) The Defendant paid KRW 200 million to the non-party company on the same day by acquiring 8,000 shares issued by the non-party company as of August 31, 2013 (8,00 shares out of the new shares issued by the non-party company as of August 31, 2013), and was appointed as a director of the non-party company on August 30, 2013.

Defendant (Defendant was registered as a director of Nonparty Company on September 6, 2013, and resigned on November 5, 2015). The Defendant appears to have subsidized Nonparty F, the representative director of Nonparty Company, and partially participated in the management. However, from October 2014, the Defendant independently operated its business, such as opening the business with the trade name of “G”, “H”, and “H,” etc. (current points are several points across the country).

(3) From October 2014, the Defendant recommended the Plaintiff to invest in the non-party company at the latest. The Plaintiff is from July 25, 2013 to January 10, 2014.

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