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(영문) 서울중앙지방법원 2016.07.15 2015가합20952
대여금 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be in Japan’s currency 73,040,402 and in Japan’s currency 27,829,639.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

) The Seocho-gu Seoul Metropolitan Government L has its head office and is a company running consumer financial business, credit business, etc., and its website (M or Japan, and its server is being established and managed in Korea.

hereinafter referred to as "website" only

In the meantime, the Defendant Company completed the registration of a credit business, but the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act on the Regulation of Conducting Fund-Raising Business without Permission”).

(2) The Plaintiff did not obtain authorization, permission, or file a registration or report on the act of raising funds from many and unspecified persons prescribed in Article 2.2) The Plaintiff is a Japanese person and a person who was paid interest at the rate of 8.5% or 10.5% per annum from the Defendant Company and lent money to the Defendant Company.

3) Defendant C served as the representative director of the Defendant Company from October 26, 1999 to March 31, 2002; from April 15, 2002 to March 31, 2006; and Defendant C has a position as the president of the Defendant Company even after the resignation of the representative director. 4) Defendant D is working as the representative director of the Defendant Company from March 31, 2006 to December 5, 2012.

5) Defendant E is the head of the overseas business division of the Defendant Company. 6) Defendant G is a director of the Defendant Company from March 31, 2002 to March 31, 201; Defendant F is an auditor of the Defendant Company from March 31, 2006 to March 30, 201; Defendant H is a person who served as a director of the Defendant Company from November 23, 2006 to November 23, 2012.

7) From October 26, 199 to March 31, 2005, Nonparty I was a person who was in general charge of Japanese affairs while being in office as a director of the Defendant Company. Meanwhile, on September 25, 2015, during the instant lawsuit, Nonparty I died, and Defendant J and I, his spouse, taken over the instant lawsuit proceedings. B. The Defendant Company’s website and Pample 1) is a number of companies including the Plaintiff.

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