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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2014.06.13 2013가합63627
대여금반환 등
Text

1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff), the Defendant (Counterclaim Plaintiff), and the Defendant B, the Plaintiff amounting to KRW 886,140,091.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.

A. From June 27, 2008 to May 11, 2009, the Plaintiff lent to the Defendant Company a total of KRW 820 million on several occasions as the Defendant Company’s operating capital.

B. On December 11, 2008, on condition that the Plaintiff did not participate in the management of the Defendant Company, the Defendant Company and B agreed to pay KRW 1 billion out of the business profits acquired by the Defendant Company by supplying reinforced concrete, etc. to the Gangwon Iron Guns, in addition to the above loans, and the Defendant C jointly and severally guaranteed the said Defendants’ obligation to pay the said agreed amount.

(hereinafter referred to as “instant agreement”). C.

Meanwhile, the Plaintiff borrowed KRW 10 million from the Defendant Company on March 27, 2012, KRW 10 million on April 10, 2012, KRW 10 million on April 201, and KRW 10 million on April 20, 2012 on a yearly basis.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including additional numbers), Eul evidence 1-53, 54, Eul evidence 4, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the overall purport of the statement and argument of the loan claim portion (820 million won), Eul evidence No. 1-52, and Eul evidence No. 1-2, the court prepared a document stating that D did not have any remaining loan claim against the defendant company in the case of loan claim filed by the plaintiff against the plaintiff and his wife Eul (hereinafter "related case"), and the amount received by the plaintiff from the defendant company can be recognized as having been KRW 901,150,000,000 except for the loan claimed by the defendant company as a counterclaim, and there is no evidence to acknowledge that there was an agreement between the plaintiff and the defendant company on the interest of the above loan amount, all of the plaintiff's loan claims against the defendant company were extinguished as repayment.

I would like to say.

As to this, the plaintiff is likely to impede the management of the defendant corporation due to provisional seizure against D's claim.

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