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(영문) 전주지방법원 2018.11.14 2018가합977
매매대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 276,50,000 and the interest rate of KRW 15% per annum from June 21, 2018 to the day of full payment.

Reasons

(b) the facts of the basis;

A. On July 19, 2011, the Plaintiff was the representative director of a limited liability company C (hereinafter “non-party company”). A contract under which the Plaintiff and the non-party company are to transfer KRW 300,000,000 to the Defendant, who is both the Plaintiff and the non-party branch, (hereinafter “instant transfer contract”), and issued the Defendant a letter of intent of transfer as follows.

At the time of the instant contract, the Plaintiff was paid KRW 250,00,000 (hereinafter “the instant transfer proceeds”) from the Defendant on the basis that the four major insurance and national taxes, among the non-party company’s liabilities, were to be borne by the Defendant. The Plaintiff transferred the non-party company to the Defendant.

On July 19, 201, the decision of the general meeting of shareholders decided to transfer the non-party company to KRW 300,000 (Won 300,000).

The former shareholder of the non-party company shall not raise an objection due to a transfer case.

Director D 45,000 (Signature) Directors E 30,000 (Signature) 25,000 (Signature) x 36,358,110) National Tax (36,358,110) Mutual Aid Association (66,00,000) (No corporate address, trade name) representative director

B. On December 2011, the Defendant requested the Plaintiff to lend KRW 30,000,000 to the Plaintiff for the purpose of raising the capital of the non-party company. The Defendant lent KRW 30,000,000 to the Plaintiff (hereinafter “instant loan”).

(hereinafter “instant loan for consumption”). The Defendant paid to the Plaintiff KRW 3,500,000 in total under the name of the Defendant or the Defendant G as follows, under the pretext of the interest on the instant loan.

The amount deposited on August 13, 2015 from 300,000 G on August 13, 2015 to 150,000 G on August 18, 2015 to 350,00 G on September 25, 2015 to 16, 50,000 G on November 16, 2015 to 300,000 G on December 11, 2015 to 30,000 G on December 30, 200 to 30,000 G on December 15, 2015 to 50,000 G on February 6, 2016 to 17, 40,00 G on February 20, 200 to 16, 200 G on February 20, 200 to 15, 2008 to 30,5,2018

2. Determination as to the cause of action

A. The transfer contract of this case.

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