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(영문) 서울서부지방법원 2020.04.17 2018가합33497
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a person who has conducted after-school education projects under the trade name of “ Incorporated Association C”.

B. From December 23, 2014 to April 24, 2015, the Plaintiff remitted total of KRW 400,000 to the Defendant’s account under the Defendant’s name and the account under the name of an incorporated association, on 15 occasions.

C. On January 2015, the Plaintiff sent the draft of the after-school business partnership agreement to the Defendant by e-mail at least twice.

A Co., Ltd. (hereinafter “instant company”) was established on January 14, 2016 as a corporation with the purpose of developing after-school programs and operating after-school programs by elementary and secondary education institutions.

The plaintiff is the representative director of the company of this case, and the defendant completed each registration as a director, and the plaintiff and the defendant own 50% each of the shares of the company of this case.

[Ground of recognition] Facts without dispute, Eul's evidence Nos. 3-1, 2, 9-1 to 3, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion 1) The plaintiff argued that the plaintiff lent 400,000,000 won to the defendant and demanded the defendant to repay the loan, but the defendant is not in compliance with this request. Therefore, the plaintiff is entitled to pay to the defendant the principal of the loan and the amount calculated by the rate of 5% per annum as stipulated in the Civil Act from the day following the last payment date of the loan to the day of service of the copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. 2) The plaintiff and the defendant agreed to operate after-school business in 50% shares, respectively. The plaintiff evaluated the value of the after-school business (sales, business experience, facility investment cost, etc.) of the defendant's after-school school business as 700,000,000 won, and purchased 50% shares from the defendant, and additionally, 100,000 won from the plaintiff's contribution.

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