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(영문) 서울남부지방법원 2020.01.16 2018가단263681
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from November 15, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 15, 2017, the Plaintiff transferred KRW 30,000,00 to C and E, designated by the Defendant’s representative director C and C, respectively.

B. On December 17, 2017, the Plaintiff and the Defendant agreed that KRW 50,00,000, out of the total amount of KRW 90,000,000 remitted by the Plaintiff on November 15, 2017, the Defendant lent it to the Defendant and repaid it until August 15, 2018, and pay interest at 24% per annum.

(hereinafter “instant monetary loan agreement”) C.

C transferred the shares of the Defendant Company to F on August 30, 2018, and F was appointed and operated as the representative director of the Defendant on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 4, Gap evidence 5-1, 2, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay the plaintiff a loan of KRW 50,000,000 under the monetary loan agreement of this case and interest or delay damages thereon, unless there are special circumstances.

B. The defendant asserts that the monetary loan contract of this case is null and void since C, the representative director of the defendant at the time, abused his power of representation.

The following circumstances revealed by the Plaintiff’s testimony of the witness C, i.e., the Plaintiff borrowed KRW 90,00,000,00, which was originally transferred on November 15, 2017, as necessary for the operation of G’s luminous starting point, street starting point, and water datum, and finally, C used KRW 50,00,000 to the Defendant, a representative director of the G G-dong point operated by C as a representative director, and used KRW 40,00,00,00 as the Defendant’s representative director, as C used in G-dong point operated as a personal business entity; ② C entered into the instant monetary loan contract as the Defendant’s representative director; ② C’s shares owned by the Defendant to F, the Defendant’s representative director.

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