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(영문) 대전지방법원 2019.11.07 2017가단19651
대여금
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual interest from July 10, 2012 to August 24, 2017.

Reasons

1. Basic facts

A. At around 2004, the Plaintiff entered into a loan and loan certificate 1) one promissory note (each issuer Co., Ltd., Ltd., and hereinafter “stock company”) with a face value of KRW 30,000,000 for the purpose of mining development funds and one promissory note with a face value of KRW 20,000,000,000 for the Defendant shall be omitted once again

(2) On May 26, 2005, the Plaintiff: (a) borrowed a promissory note with a face value of KRW 12,300,000 from the Defendant to the Plaintiff; and (b) borrowed a promissory note with a face value of KRW 30,000 from the Defendant to the Plaintiff by no later than 15 days prior to the due date ( November 1, 2004); and (c) obtained a certificate of borrowing from the Defendant respectively; (d) on July 19, 2005, one promissory note with a face value of KRW 20 million with a face value of KRW 30,000,000 from the Defendant; and (e) obtained a certificate of borrowing from the Defendant respectively; and (e) on October 12, 2005, the Plaintiff borrowed a face value of KRW 20,000 to the Defendant in cash; and (e) obtained a certificate of borrowing from the Defendant on July 3, 2005.

3) On October 12, 2005, the Defendant prepared a loan certificate with the loan amount of KRW 200 million and the maturity date as of December 31, 2005 to the Plaintiff (hereinafter “the loan certificate of this case”). (hereinafter “the loan certificate of this case”).

(B) B. (1) The Plaintiff introduced investors D to the Defendant seeking to develop a mine development project, and D and the Defendant entered into a business agreement in the presence of the Plaintiff on May 21, 2007.

(hereinafter “instant business agreement.” The main contents of the instant business agreement are to transfer the right to operate a mine development project owned by the Defendant to a company jointly established by D and the Defendant, and the company jointly established, based on the capital of KRW 50 million, will own 39% of the Defendant, D 51% of the amount of capital, and 10% of the Plaintiff, respectively.

Accordingly, E's shares 21% of E's shares are D, 30% are owned by D's spouse F, 10% shares are owned by the plaintiff's spouse G. The remaining 39% are the defendant's relatives' relatives, H and I.

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