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(영문) 서울남부지방법원 2017.09.21 2016가단46851
대여금
Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 75,000,000 among the Plaintiff and KRW 20,000,000 among the Plaintiff, from March 16, 201, and KRW 55,000.

Reasons

1. Basic facts

A. On January 5, 2011, with respect to the business promoted by Defendant C Co., Ltd. (hereinafter “E”), the Plaintiff paid KRW 35 million from the account in the name of the F Co., Ltd. (hereinafter “F”), which the Plaintiff substantially operates, to the account in the name of G designated by Defendant C. In this regard, Defendant C prepared a certificate of borrowing KRW 35 million in the name of “E” and delivered it to the Plaintiff.

B. The Plaintiff paid KRW 40 million to the account under the H’s name designated by Defendant C from January 6, 201 with respect to the foregoing business.

On the same day, a monetary loan contract for the amount of KRW 40 million was prepared between F and E; F and Defendant B Co., Ltd. (the representative director is Defendant C; hereinafter referred to as “Defendant B”) invested KRW 3 billion in Defendant B; paid KRW 75 million as down payment; and even if F fails to execute the remaining funds, the down payment shall not be extinguished and the down payment shall not be refunded by Defendant B.

(Article 23, Paragraph 4), etc., of the contract shall be drawn up.

C. Since then, Defendant B paid to the Plaintiff KRW 20 million out of the above amount by March 15, 201, and the remainder of KRW 55 million by March 15, 201, as soon as possible in accordance with the schedule for the amount invested (e.g., May 30, 201), “the certificate of borrowing with the content of KRW 75 million” (hereinafter “the certificate of borrowing”).

(B) prepare and conclude an order. [Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5 (including paper numbers, and the purport of the whole pleadings.]

2. Claim against the primary defendant;

A. According to the above facts finding as to the cause of the claim, Defendant B bears the responsibility to repay the Plaintiff a loan of KRW 75 million pursuant to an agreement indicated in the loan certificate of this case. Thus, barring any special circumstance, Defendant B bears the responsibility to repay the Plaintiff a loan of KRW 75 million and KRW 20 million among the Plaintiff, the following day of the due date for payment, as to the Plaintiff’s loan of KRW 75 million, and May 2, 201.

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