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(영문) 서울남부지방법원 2015.06.12 2013가합16986 (1)
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, E, Defendant B, F, and G invested 20% shares in each of the parties, thereby establishing H Co., Ltd.

The designated parties C are the wife of Defendant B, and the designated parties D are the births of Defendant B.

Plaintiff

And E entered into an agreement with the defendant, etc. on the following terms:

The Plaintiff and E invest funds, and the Defendant et al. lend loans, including the above investment funds, to the Austria Co., Ltd. or the Austria Co., Ltd. (the former trade name before the change: Switzerland Co., Ltd.; hereinafter referred to as the “PSF”), a subsidiary company, to the Defendant et al. (hereinafter referred to as the “Nonindicted Co., Ltd.”) when referring to the above two companies.

The defendant, etc. shall allocate the repayment amount received from the non-party company in proportion to the investment shares in the above loan.

B. Around April 29, 2004, the Defendant et al. lent KRW 100 million to Samdoles on April 29, 2004 (hereinafter “the first loan”) at the maturity of payment on May 31, 2004 and at the rate of 10% per month (hereinafter “the instant first loan”).

2) On September 30, 200, the Plaintiff paid KRW 10 million to Defendant B on September 30, 2003, KRW 10 million on July 1, 200 of the same year, KRW 10 million on November 28, 200 of the same year, KRW 20 million on June 10, 2004, and KRW 20 million on the same year.

8.12.12.10 million won was remitted respectively.

C. Around December 6, 2004, G lent KRW 40 million to the non-party company by means of paying the deposit money for bankruptcy to law firms on December 6, 2004 (hereinafter “the second loan”) (hereinafter “the second loan”).

(2) The Plaintiff wired KRW 16.5 million to G on the same day, and the Selection C wired KRW 21.5 million to G on the same day.

D around October 25, 2005, around October 25, 2005, 100 million 100,0000 shares of the Austria were provided as collateral and lent as collateral 1.8 million % per interest month (hereinafter “third loan”). Around October 25, 2005, 100,000 shares of the Austria was set as collateral and as 10% per interest month.

(2) On October 25, 2005, the Plaintiff transferred KRW 35 million to D around October 25, 2005.

E. The Plaintiff and Defendant B agreed on September 16, 2013 and around September 16, 2013 are as follows.

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