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(영문) 서울고등법원 2019.05.22 2018나2056450
대여금
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1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company aimed at manufacturing and selling marina cosmetics, etc., and Defendant C is the actual manager and representative of Defendant Co., Ltd.

B. From April 2017, the Plaintiff discussed the investment agreement between Defendant C and the content that the Plaintiff would take over 30% of the shares of the Defendant Company in return for the investment of KRW 1.5 billion and become the representative director of the Defendant Company.

As a result, the Plaintiff first invested KRW 250 million in April 28, 2017, and KRW 50 million in May 4, 2017, and invested KRW 300 million in total in the Defendant Company.

C. On May 16, 2017, between the Plaintiff and the Defendants, the Plaintiff converted the amount of KRW 300 million invested in the Defendant Company into the loan, and the Defendant C entered into a monetary loan agreement with the content of joint and several guarantee of the Defendant Company’s obligation. The main contents are as follows:

(hereinafter referred to as the “instant contract” and its document is referred to as the “instant contract”). The Plaintiff, Company B: Defendant Company, and Company C: Defendant C1 (Loan for Consumption) ① The term “A” is to lend the gold billion won (e.g., 300,000,000) to “B” and to the account designated by “B” or “B”.

2. The account number of “B” is [E Bank, entry of the actual number omitted], and “A” is a loan of KRW 250 million deposited on April 28, 2017 with the above account, KRW 50 million deposited on May 4, 2017, and KRW 300 million in total.

Article 2 (Interest) Interest on loans shall be paid monthly at the rate of 24% per annum, but shall be paid monthly.

Article 4 (Date and Method of Repayment) (1) "B" shall pay a loan by April 26, 2018, and shall be deposited into the following accounts designated by "A", and no other method of repayment shall be recognized.

Provided, That where there is a written request from A, the term "A" shall be followed.

The designated bank: the account number of the F Bank: the actual number.

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