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(영문) 수원지방법원 성남지원 2021.01.27 2020가단204888 (1)
대여금
Text

Defendant D and E jointly pay to the Plaintiff KRW 100,000,000 as well as the full payment from March 24, 2020.

Reasons

1. Representative (A) of Basic Facts: Name A and B of company F building G in Gangseo-gu Seoul Metropolitan Government: D address in the Gyeonggi-gu Seoul Metropolitan Government H address: Representative in the Gyeonggi-si, the representative of the H: C “B” at the time of the Gyeonggi-si, is currently I, and is currently to obtain the following loans from “A” for funds necessary for the Home hoping broadcasting sales:

- - The following:

1. “B” with a loan shall lend KRW 100 million to “A” on a regular basis.

2. “B” shall pay “A” the monthly amount of KRW 10 million as investment earnings.

3. The borrowing date shall be determined from March 3, 2017 to March 2, 2018, and from March 3 to April, 2018, the borrowing date shall be KRW 100,000 per interest per annum and KRW 100,000 per month (including interest) per 10% of the 100,000,000 won from May Home Shopping, shall be the account or cash payment rate determined by “A”.

Provided, That even if the progress of home shopping broadcasting is delayed from May, the amount paid shall not be changed.

4. If “A” wishes to return its principal due to the circumstances of “A”, it shall be returned within one month after June 2017.

Surety E Address: Gyeonggi City J Building K

A. As of February 27, 2017, the Plaintiffs prepared “a certificate of borrowing” with the following contents, and deposited KRW 100 million into the Defendant C account as indicated in the certificate of borrowing around March 6, 2017.

B. The inside director of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is Defendant C, and Defendant E, the husband of Defendant C, actually operated the Defendant Co., Ltd.

(c)

Defendant C deposited KRW 90 million around March 6, 2017, which was the day of deposit of KRW 100 million to his own account, and deposited KRW 20 million around April 8, 2017 to his respective Defendant Company account.

(d)

The Plaintiffs received KRW 28 million from March 30, 2017 to March 1, 2019, in total, KRW 1 million to KRW 3 million from Defendant C’s account.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3 evidence, Eul 8 to 10 evidence, the purport of the whole pleadings

2. Determination as to the claim against Defendant Company and E

A. According to the above facts of recognition, the Defendant Company on February 27, 2018.

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