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1. Defendant C Co., Ltd.: (a) KRW 50,000,000 for each of the Plaintiffs and the Plaintiff A with respect thereto from December 28, 2013.
Reasons
1. Basic facts
A. From December 2013 to January 2014, Plaintiff A transferred KRW 50 million to the corporate account of Defendant C, and Defendant D, who was a director of Defendant C Co., Ltd (hereinafter “Defendant C”) with respect to the said money, drafted a sales contract on January 21, 2014 in the name of the Defendant Co., Ltd. (one of the two co-representatives of Defendant C at the time) with respect to the money borrowed, interest rate of KRW 50 million per annum, interest rate of KRW 25% per annum, January 31, 2014 as of January 31, 2014.
B. On January 2, 2014, Plaintiff B transferred KRW 50 million to Defendant C’s corporate account. As to the said money, Defendant D, a director of Defendant C, drafted a share sales contract on January 2, 2014, which was determined as follows: (a) KRW 50 million per annum; (b) January 31, 2014; and (c) January 2, 2014 as of January 31, 2014 in the name of the Defendant Company (A-1; and (d) “ January 2, 2013” as stated in the said contract, appears to be a clerical error in the name of Defendant C as of January 2, 2014); and (c) January 2, 2014 in the name of Defendant C’s unlisted stocks.
C. The above monetary loan contract contains the seal impression of the representative director of Defendant C, and the registration certificate of Defendant C and the corporate seal impression are attached to the above monetary loan contract, and each of the above shares contract has the seal impression affixed to E, and E has the seal impression issued by E.
Plaintiff
On March 3, 2014, A, as the agent of the principal and Plaintiff B, did not demand repayment of the principal and interest of each of the above loans, instead of receiving the shares of Defendant C from Defendant C, and written up an angle (A 3; hereinafter “each of the instant notes”) with the content that he/she would not raise any civil or criminal objection, and E transferred 8,000 shares of Defendant C to Plaintiff A on March 25, 2014 after transferring 8,00 shares of Defendant C to the Plaintiff, around April 17, 2014.
E. Meanwhile, from November 20, 2013 to January 7, 2014, Defendant C and F shared representative director, from January 7, 2014 to April 30, 2014.