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(영문) 서울중앙지방법원 2017.04.13 2016가단5107519
대여금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be in Japan’s currency 12,000,000 and Japan’s currency 4,000,000.

Reasons

1. The facts below the basis facts are either in dispute between the parties or in each entry of Gap evidence of 1 to 27 and Eul evidence of 1 to 8 (including branch numbers; hereinafter the same shall apply). The facts below the basis facts may be admitted by integrating the whole purport of the pleadings.

(1) Defendant B Co., Ltd. (hereinafter “Defendant Company”) has its head office in Seocho-gu Seoul Metropolitan Government and operates its Internet homepage (L and Japanese language, and its server is opened and managed in Korea; hereinafter “website”).

On the other hand, the defendant company completed the registration of credit business, but did not obtain authorization, permission, registration, or report on the act of raising funds from many unspecified persons as provided in Article 2 of the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “the Act”).

(2) The Plaintiff is Japan, and is a person who was paid interest at the rate of 9.5% 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, 199 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 serving as the representative director of the Defendant Company from March 31, 2006 to December 5, 2012, and from December 13, 2012 to December 13, 2012.

(5) Defendant E 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 G is an auditor of the Defendant Company from March 31, 2006 to March 30, 2012; and Defendant G is an individual director of the Defendant Company from November 23, 2006 to November 23, 2012.

(6) Defendant H is the head of the overseas business division of the Defendant Company.

(7) The non-party M is a person who is a director of the defendant company from October 26, 199 to March 31, 2005 and has overall control over the Japanese affairs.

On the other hand, however,

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