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(영문) 서울남부지방법원 2015.09.18 2014가단59310
대여금
Text

1. The Defendant’s KRW 28,800,000 and the Plaintiff’s annual rate from September 23, 2014 to September 18, 2015, respectively, shall be 5% from September 19, 2015 and from September 19, 2015.

Reasons

1. Facts of recognition;

A. On May 16, 2013, the parties-related Plaintiff established a defendant company with D as well as D, and the Plaintiff operated the defendant company as its representative director, and the conflict occurred with D, and was dismissed from office at a temporary general meeting of shareholders on June 10, 2014.

On the same day, E was appointed as the representative director of the defendant company, but D actually operates the defendant company.

(hereinafter referred to as the “Defendant Company”) B during the period of the Plaintiff’s operation.

On February 21, 2014, the Plaintiff’s account used by the Defendant Company at the time of the Defendant Company’s account from the Defendant Company’s and the Plaintiff Company’s F had two accounts in the Defendant Company’s account.

Whether a certain account has been used or not has been paid KRW 30,000,000 (hereinafter “the instant money”) by means of transfer to see attached Table (Transaction List).

C. Other transaction funds between the Plaintiff and the Defendant Company, etc. 1) The Plaintiff deposited the Plaintiff’s money as a loan from the Defendant Company’s account in short of the company’s operating funds during the period of work as the representative of the Defendant Company, and operated the Defendant Company by receiving a part of the money back to the Defendant Company’s account as a loan repayment. 2) As above, while the Plaintiff is in office as the representative of the Defendant Company, including the money transacted under loan and loan repayment, the transaction details related to the instant case between the Plaintiff and the Defendant Company, etc. are as shown in the attached Form [Attachment].

1) At the time that the Plaintiff operates the Defendant Company, the Defendant Company’s accounting staff, and the Defendant Company’s financial management of the Defendant Company’s funds, including a written decision on the payment revenue and the statement on the deposit and withdrawal (the name of the de facto document has been made as a disbursement decision, a substitution statement, etc., but the title of the de facto document has

The person in charge of approval shall prepare the report and signed by the accounting staff himself and shall be different from the plaintiff.

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