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(영문) 서울중앙지방법원 2015.10.06 2014가단5312775
차용금 청구의 소
Text

1. The Defendant’s KRW 39,950,00 for the Plaintiff and KRW 5% per annum from November 21, 2014 to July 21, 2015.

Reasons

1. Basic facts

A. A. Around April 2009, Co., Ltd. (hereinafter “C”), D (hereinafter “D”), E, F, etc. established the Defendant Company and made the following agreements (hereinafter “instant agreement”) (hereinafter “instant agreement”).

- Entrusted Operation: C’s entrusted operation - Investment (shares): C 20 million won (3.3%) : E, F 15 million won (25%) , D 10 million won (16.67%) - Loans of KRW 180 million (16.67%) to use for the establishment and operation of the Defendant Company - Loans of KRW 135 million for each of the E, E, and F 135 million (10,000 won) to use for the Defendant Company - Loans of KRW 150 million for convenience, provided that the above loans shall be treated as the shareholders’ loans of the Defendant Company ; and C shall use the above funds as the operating funds of the Defendant Company .

B. The shareholders of the Defendant Company deposited each of the above loans to C around that time in accordance with the instant arrangement.

C. The above loan claims against the Defendant Company C were transferred to the Plaintiff, etc.

C When entrusting the management of the Defendant Company, C repaid the above amount of the monthly loan to the shareholders of the Defendant Company, and on April 30, 2014, the unpaid amount as of April 30, 2014 is KRW 198 million (the Plaintiff’s claim is KRW 49.65 million).

As the representative director of the Defendant Company changed from the Plaintiff to G as the present representative director, the Defendant Company terminated the consignment operation between the Defendant Company and C and has its own operation, the shareholders of C, Defendant Company and the Defendant Company made the following agreements (hereinafter “instant agreement”) around April 30, 2013.

- As of April 30, 2013, the amount of KRW 198.6 million against the shareholders of the defendant company as of April 30, 2013 (the amount of KRW 49.65 million against the plaintiff) shall be paid by the defendant company and, instead, shall offset against the obligation of the defendant company C, such as construction cost, with the amount of KRW 213,122,834.

E. The amount paid by the Defendant Company to the Plaintiff pursuant to the instant second agreement is KRW 9.7 million in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, Eul evidence Nos. 1 through 4, 6 through 17, the purport of the whole pleadings

2. The plaintiff.

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