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(영문) 서울고등법원 2017.07.19 2016나2054276
대여금반환청구
Text

1. The judgment of the first instance court, including a claim reduced in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties is a company aimed at construction business, real estate lease and sale, sales agency business, etc., and the Plaintiff was dismissed from the representative director on May 24, 2014, although it was registered as the Defendant’s director and the representative director from January 3, 2006 as the Defendant’s auditor from May 23, 2003 to January 3, 2006.

Even after being dismissed from the position of representative director, the plaintiff still holds the defendant's shares (28.46% as of December 31, 2013, and 63.46% as of February 28, 2014).

B. The Plaintiff and the Defendant’s lending relationship concluded a loan agreement with the Defendant for consumption, and managed the Defendant by way of receiving partial repayment of their bonds when the Defendant benefits therefrom.

Accordingly, as of December 31, 2013, the Plaintiff’s loans to the Defendant as of December 31, 2013 are KRW 4,179,190,716.

On February 20, 2013, the Plaintiff entered into a loan repayment contract (hereinafter “instant loan repayment contract”) with the Defendant to pay 12,000,000 won each month from January 1, 2014 to January 25, 2014. Accordingly, the Defendant paid 540,000,000 won to the Plaintiff as indicated below from January 10, 2014 to May 29, 2017.

The fact that there is no dispute over 12,00,000 on January 16, 2014 based on the date of recognition of temporary admission does not dispute over 12,00,000 on September 16, 2014; and that there is no dispute over 16,000,000 on October 2, 2014; and that there is no dispute over 36,000 on November 5, 2014; and that there is no dispute over 16,00,000 on November 16, 2014; and that there is no dispute over 66,00,000 on December 16, 2014; and that there is no dispute over 70,000,0000 on September 16, 2015; and that there is no dispute over 10,000,0000,0000; and

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