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(영문) 대구지방법원 2014.10.17 2013가합9271
대여금
Text

1. The Defendant: (a) against Plaintiff A, KRW 372,671,00; and (b) against Plaintiff B, KRW 200,00,000; and (c) against each said money.

Reasons

1. Basic facts

A. Plaintiff A is the representative director of Plaintiff B Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Plaintiff Co., Ltd”).

On March 27, 2001, Plaintiff A 50,000,000 on August 25, 2001, Plaintiff A 30,000,000 on May 11, 2003, Plaintiff A 10,000,000 on August 5, 2002, Plaintiff A 10,000,000 on August 30, 2005, Plaintiff A 100,000 on August 30, 2000 on August 30, 202, Plaintiff Company 10,000,000 on August 30, 200 on August 30, 200, Plaintiff A10,000,00 on September 10, 200, Plaintiff 100,000 on September 25, 2000, Plaintiff 100, A000 on May 10, 2009

B. In the Defendant’s deposit account, the term “the date of payment” as indicated below (hereinafter “the date of payment”) was deposited in the Defendant’s deposit account on each date indicated “the date of payment” as indicated in the instant slip “the date of payment” as indicated respectively.

C. The Director General of the Defendant’s Account: (a) stated the same amount as the amount indicated in the “amount” column of the instant table on the same date as the date indicated on the instant table (However, in the case of Nos. 5 and 6 of the instant table deposited on the same date, the head of the Account Headquarters stated the amount as KRW 200,000,000, which is the sum of the amounts to be borrowed by the Defendant) by the Defendant.

E, the Defendant’s representative director, is the Plaintiff’s lawsuit seeking confirmation of the Plaintiff’s shareholder rights against F and G, the Defendant’s shareholder (Seoul District Court 2012Gadan28513 (hereinafter “Separate Lawsuit”).

() In a separate lawsuit, the Plaintiff asserted that the Plaintiff’s son F’s husband, and the Defendant’s shares, the father of G, were in title trust with the deceased H, but the judgment dismissing the Plaintiff’s claim was rendered on September 10, 2013) on March 12, 2013, the Plaintiff appeared as a witness of the Plaintiff’s legal representative and stated to the effect that “the Defendant borrowed at least KRW 800,000,000,000, including the Plaintiff’s total amount of KRW 100,000,000,000, from September 1, 2012 to use for operational funds.”

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2, 3, 4, and Eul evidence 1.

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