(영문) 서울남부지방법원 2016.01.15 2015가단54329

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(영문) 서울남부지방법원 2016.01.15 2015가단54329

대여금

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1. The Defendant: (a) from July 25, 2015 to August 4, 2015, KRW 3.92% per annum with respect to KRW 30 million to the Plaintiff; and (b) from August 5, 2015 to August 4, 2015.

Reasons

1. Facts of recognition;

A. Delegation of the lending of employee stock acquisition fund and lending transaction agreement 1) D Co., Ltd. (hereinafter “D”).

A) The Defendant, a member of an employee stock ownership association, promised to borrow KRW 30 million and offer as collateral for the acquisition of employee shares, and delegate his/her authority to the head of employee stock ownership association regarding the conclusion of a loan agreement and the receipt of loans to the Plaintiff on October 2014 (hereinafter “the proxy of this case”).

2) On October 21, 2014, the head of the D employee stock ownership association formed a transaction agreement with the Plaintiff, including the Defendant, for the loans of KRW 360,000,000 for each member and the number of shares allocated by each member, with each of the 15,000 shares of KRW 360,000,000 as the representative of 12 association members including the Defendant. On the same day, the Plaintiff and the Plaintiff entered into a transaction agreement for the loans of KRW 360,000,000,000 for the loans of KRW 11,000,000 as the debtor and 11,000,000,000 as the person who created the security interest as follows.

The loan period: 5 years, mixed installment repayment, and 12 months after the grace period of 48 months: the fluctuation rate, standard interest rate (1 year AA of non-guaranteed Bank Bonds) : 6% of the loan interest rate of three months depending on the period in arrears, 7% of the loan interest rate of more than three months and more than six months, and 8% of the loan interest rate of more than six months (4% of the loan interest of three months according to the period in arrears within the maximum of 11% per annum, 5% of the loan interest of more than three months and more than six months, and 6% of the loan interest rate of six months).

B. The loan 1) is to be received by the representative of the partnership or by the ear company directly paying the subscription price to the principal’s subscription to the loan transaction agreement of this case. Pursuant to the foregoing, the Plaintiff’s new shares issued D through the Defendant and its members (one share).

유사 판례

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