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(영문) 서울중앙지방법원 2016.04.08 2016나1075
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 29, 2004, Defendant, C, and D established the Plaintiff (former Trade Name: E and J Co., Ltd.) on May 29, 2004, and appointed as the Plaintiff’s co-representative.

B. At the time of the establishment of the Plaintiff, the Defendant, C, and D agreed that “The Defendant and C own 35% of the Plaintiff’s shares among the Plaintiff’s shares in return for their investment of KRW 750 million to the Plaintiff, and D owns 30% of the Plaintiff’s shares in return for their establishment and operation.”

C. C was loaned KRW 350 million from a national bank on May 25, 2004

The term "national bank loans" hereinafter. In this regard, the defendant, around October 2004, accepted the above money from the national bank loans of KRW 150 million as the defendant's investment in the plaintiff and recognized the above money as the defendant's investment in the plaintiff. The interest and related costs on the above KRW 150 million shall be borne by the defendant.

“The content was agreed. D.

After that, the defendant and C received a loan of KRW 350 million from the bank in the name of the plaintiff on May 26, 2005 in order to repay national bank loans.

(hereinafter “Korean bank loans”) In order to secure our bank loans, the Defendant and C set up a collateral of KRW 420 million with respect to their co-owned real estate on the same day ( May 26, 2005).

【Ground of recognition】 The fact that there has been no dispute, the entry of Gap No. 1's evidence No. 1 and 3(including virtual number), the purport of the whole pleadings

2. Judgment of the court of first instance and the plaintiff's grounds for appeal

A. In the first instance trial, the Plaintiff sought against the Defendant the payment of the amount equivalent to the Defendant’s share of the loan and interest paid by the Plaintiff with respect to the national bank loans and the Korean bank loans.

On this issue, the court of first instance dismissed the entire part of the claim for the loan costs and interest on the national bank loans. ② The part of the claim for the loan costs and interest on the Korean bank loans was partly cited.

B. As to this, the plaintiff shall file a petition of appeal.

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