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(영문) 수원지방법원 안산지원 2018.08.23 2017가합7467
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 29, 2015, the Plaintiff assumed office as an internal director of a stock company B (hereinafter “B”) (hereinafter “B”).

B. As of April 27, 2016, B as the applicant for a loan, a limited loan agreement was made between B and the Defendant to enter into an agreement on credit transactions by setting the total limit of loans from the Defendant from April 27, 2016 to April 27, 2017 (hereinafter “instant credit loan agreement”).

(A) In the column for the loan applicant of the above letter of agreement, the rubber and B representative director’s seal are affixed respectively in which the addresses, etc. of “(State B A” and “B” are stated, and in the column for joint and several sureties, the Plaintiff’s name, “A” and the Plaintiff’s seal is affixed thereto).

B As of April 28, 2016, an agreement was made to borrow KRW 243,00,000, KRW 241,000 as of July 25, 2016, and KRW 8.7% as of July 25, 2016, and to borrow from the Defendant, with the interest rate of KRW 8.7% as of July 25, 2016. As of August 11, 2016, an agreement was made to borrow KRW 5,00,000 as of August 11, 2016 and to borrow from the Defendant by setting the repayment period of KRW 5,00,000 as the repayment period of KRW 8.9% per annum.

(A) The applicant column for each of the above agreements has the rubber and B representative director’s seal on each of the rubbers in which the addresses, etc. of “(State B A” and “B” are written, and the joint and several sureties column includes the Plaintiff’s name “A” and the Plaintiff’s seal is affixed.

The Defendant lent KRW 473,604,874 on April 28, 2016, and KRW 53,788,087 on August 11, 2016, to B pursuant to the agreement under each of the above sub-paragraph (c).

E. In order to renew the lending period under the foregoing sub-paragraph (d), the Defendant again agreed to lend KRW 213,00,000,000 on October 25, 2016, and KRW 212,00,000 on the same day with interest rate of 8.7% per annum on January 25, 2017 and interest rate of 19% per annum on delay damages. On November 10, 2016, the Defendant again agreed to lend KRW 52,00,000 with interest rate of 8.7% per annum on February 10, 2017 and interest rate of 19% per annum on delay damages (hereinafter “each of the instant individual loan agreements”).

The plaintiff shall enter into each of the above loan agreements.

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