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(영문) 서울중앙지방법원 2015.08.27 2014가단129367
부당이득금반환등
Text

1. The Defendant’s KRW 100,001,00 per annum for the Plaintiff and 5% per annum from September 13, 2014 to March 9, 2015.

Reasons

1. Basic facts

A. The former name of the Plaintiff is a “stock company C” and its business purpose is to develop antideficiency cells.

Nonparty D took place as the president of the so-called “H Group” that controls secret interests through borrowed-name shares, etc. around 201, Plaintiff Company E, F, and other KOSDAQ-listed companies such as Co., Ltd., Ltd., F, and G. Nonparty I was the representative director of the Plaintiff at the time of Nonparty I, and the Defendant claimed that he lent money to the Plaintiff Company.

B. On November 1, 201, in which the Plaintiff Company (the name of the Company at that time was “stock Company C”) and the Defendant were indicated as respective creditors and debtors, a written agreement for a loan for consumption of money was formulated. The main contents are as follows.

Creditor(A) B: The purpose of this Agreement is to make a loan to B in the amount of KRW 1,00,000 (1,000,000,000) of the daily amount of KRW 1,00,000,000, to B, the representative director of the C in charge of the settlement of accounts.

Article 2 (Security) B shall provide A with the following deposit security for the loans of the preceding Article 1.

(1)The securities account number for our Investment Securities GSwork Branch: J Account Number: The Bank of Bankruptcy Co., Ltd.; including a deposit passbook, an employee identification book, and a confirmation letter of collateral security; the maturity date for repayment of the loan under Article 3 (Period of Loan) may be extended on November 7, 201 by a clerk; and (a) the date of agreement may be extended.

Article 6 (Interest) Interest shall be paid in advance each month.

C. On November 1, 2011, the Defendant withdrawn the 1 billion won foot check from the foreign exchange bank (hereinafter “foreign exchange bank”) and around that time, the check was dried to Nonparty K and used.

(as regards K, later reference is made). (d)

On December 28, 2011, an agreement for a loan for consumption was re-established as a meaning of extension of the term of the said agreement for a loan for consumption.

The contents of this case are as follows.

The loan period under Article 3 is extended on January 27, 2012.

E. On April 3, 2012, the Defendant is stipulated in the said monetary loan agreement.

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