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(영문) 수원지방법원 2015.05.15 2014가단522070
대여금
Text

1. The defendant,

A. 8,000,000 won to Plaintiff A;

B. Plaintiff B’s KRW 7,475,590 and each of them shall be from August 28, 2014.

Reasons

1. Basic facts

A. On December 12, 2012, Plaintiff B established and operated a company for the purpose of eco-friendly electricity and electronic product manufacturing business, etc. with D, and drafted a basic transaction agreement with Plaintiff A and B, under the name of Dong Jae-in, with D and E, as follows:

(hereinafter referred to as the “instant basic transaction agreement”) . (1) - A summary of the name of the legal entity: Defendant Company - Capital amounting to KRW 50 million: D 50%, Plaintiff B 30%, and E (title F) - The role of KRW 20% is to invest KRW 150 million in the project cost, take charge of the representative of the Defendant Company and participate in the management.

- The Plaintiff B shall exercise overall control over all research-related affairs, support production-related affairs, and participate in the management.

- E shall take charge of advisory services and participate in the management.

(3) Other (3) - during the research and development period (from December 2012 to March 30, 2013), the Plaintiff B shall be paid KRW 3 million as research expenses, and thereafter, the respective benefits shall be discussed again.

B. Under the instant basic transaction agreement, the Defendant Company was established on February 27, 2012 for the purpose of environment-friendly electricity and electronic product manufacturing business, etc., and D assumed office as an internal director in the name of the representative director of the Defendant Company, the Plaintiff B, and E in the name of the Plaintiff A, Dong Jae-in, respectively.

C. On December 31, 2013, Plaintiff A transferred KRW 8 million to the Defendant Company’s account. On the same day, Plaintiff A prepared a loan certificate to the effect that the Defendant Company borrowed KRW 8 million from the Plaintiff Company on April 30, 2014 and the interest rate of KRW 6%.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. On December 31, 2013, Plaintiff A loaned KRW 8 million to the Defendant. Thus, the Defendant asserts that the Defendant is liable to pay the above loan and the damages for delay.

(2) The Defendant did not borrow the above money from the Plaintiff A, and even if so, the Plaintiff.

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