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(영문) 전주지방법원 2020.09.17 2020가합2761
대여금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 20 million and the Defendants’ agricultural corporation from December 31, 2017.

Reasons

According to the overall purport of Gap evidence Nos. 1 and 2 (including serial numbers; hereinafter the same shall apply), the plaintiff lent 200 million won to defendant Incorporated Incorporated Company B (hereinafter "Defendant Incorporated") on December 29, 2016 at the rate of overdue interest rate of 20% per annum, and the due date of payment on December 30, 2017. At the time, the defendant Company promised to transfer to the plaintiff 8% of the shares of the defendant Company, i.e., 4,960 shares (in the case of issuing company: defendant Company, face value: 5,00 won per share, and shares type: registered ordinary shares) with respect to the above loan obligations and stock transfer obligations against the plaintiff of the defendant Company at the time of the defendant C.

Therefore, according to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the above loans KRW 200 million and the interest thereon from December 31, 2017 to June 16, 2020, which is the delivery date of a copy of the complaint of this case; Defendant C is liable to pay the Plaintiff damages for delay calculated at the rate of 20% per annum of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the delivery date of a copy of the complaint of this case until June 4, 2020; and each of the following dates until the full payment date. The Defendants are jointly and severally liable to pay to the Plaintiff the transfer procedure due to the above transfer agreement as of December 29, 2016.

Therefore, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition with the assent of all.

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