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(영문) 수원지방법원 2019.01.17 2018가단8084
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 150,000,000 and the interest rate thereon from April 7, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. While Defendant C operated Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”), Defendant C requested the Plaintiff to invest KRW 120,000,000,000, which will exceed 30% of the shares of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. On July 31, 2014, the Plaintiff paid the Defendant Company KRW 120,00,000,000, and KRW 50,000,000 on August 1, 2014, and KRW 20,000,000, and KRW 120,000 on November 6, 2014.

On August 7, 2014, Defendant C transferred 30% of the shares (ordinary shares 6,000 shares, price per share 5,000 shares) of the Defendant Company to the Plaintiff. From that time, Defendant C jointly operated the Plaintiff and the Defendant Company.

C. On June 24, 2015, the Plaintiff paid to the Defendant Company KRW 30,000,000,000, and KRW 30,000,000 on June 30, 2015, KRW 20,000 on July 31, 2015, and KRW 185,00,000 on November 8, 2016.

Afterwards, the Plaintiff and Defendant C agreed to transfer the existing transaction offices, customer companies, inventory assets, intellectual property rights, debts, equipment, etc. of the non-party company to the company to be newly established and entered the non-party D into the non-party D to work together with the shares of 33%, Defendant C 34%, and D 33%, and established E Co., Ltd (hereinafter “E”) around September 2015, and had D take office as the representative director of E. On October 13, 2017.

E. On the other hand, on February 14, 2018, the Defendants drafted the following performance note (hereinafter “instant performance note”) to the Plaintiff.

The debtor B (Defendant Company), joint and several sureties Co., Ltd. (Defendant Company), and the joint and several sureties (Defendant C) shall require the creditor A (Plaintiff) to perform the repayment for the borrowed amount as follows:

1.Japan: 150,000,000 shall have borrowed and agree to:

2. Date of repayment: When the creditor desires to do so; and

3. Interest: Not more than none of the interest: On February 14, 2018; and C as joint and several sureties Co., Ltd. by the debtor;

F. On February 28, 2018, the Plaintiff extended a loan of KRW 150,00,000 to the Defendants based on the instant letter of performance.

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