logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.11.22 2015가단38238
약속어음금(발행인에 대한)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The fact that the Plaintiff set the maturity of KRW 35 million to the Defendant on August 2, 2006 and lent it to the Defendant on November 2, 2006 is no dispute between the parties.

B. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 2, 2015, which is the day following the delivery date of the copy of the instant complaint sought by the Plaintiff on the loan amount of KRW 35 million and the day following the delivery date of the copy of the instant complaint sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant’s claim on the Plaintiff’s loan was extinguished by the extinctive prescription, and the actual borrower is C, and the Defendant should be deemed to have extinguished the above loan obligation by transferring stocks of D Co., Ltd. (hereinafter “Nonindicted Company”) to C on December 27, 2006.

On the other hand, since the defendant was granted immunity from the Busan District Court, the defendant's obligation to the plaintiff is also also exempted.

B. The facts of recognition (1) The plaintiff's words are C with a work to see private shares, and E with the defendant's misjudgment.

C recommended the Defendant to make an investment in the non-party company providing information such as the owner of a transportation house via the Internet, and the Defendant accepted the non-party company (the establishment of March 17, 2006) and borrowed the above KRW 35 million from the Plaintiff in relation to the operation of the non-party company on August 2, 2006.

(2) On December 27, 2006, the defendant transferred to C 190,00 shares of the non-party company owned by the defendant (a total of KRW 19,00,000), and resigned from the office of representative director of the non-party company. On the same day, C assumed office as representative director of the non-party company.

(3) C and the Defendant are the nominal representative C on February 2, 2007.

On or after February 2, 2007, approval for the business activities of the non-party company belongs to E (F before the opening of name).

All obligations for corporate activities shall belong to E, and E shall be repaid in sequence under mutual agreement.

arrow