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(영문) 전주지방법원 2016.01.06 2015나2044
대여금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C, on August 17, 2012, with G representing the representative director E of the Defendant Company, drafted a written agreement with the following contents (hereinafter “instant agreement”) and invested KRW 400 million in the Defendant Company:

B Agreement between the first shareholders of a limited company B

1. Capital structure - Shareholders C and E shall bear equally the rights and obligations to acquire 50 per cent of the 50 per cent of the Company B’s capital stock, and the transfer of shares may be subject to the authorization of the other party’s shareholders.

2. Managerial responsibility - One person among the joint representative directors shall be full-time and the other one may be part-time;

(Representatives shall be given priority to E). 3. Financing and operation - If necessary for the financing of the Company, it shall be appropriated by means of bank loans, capital increase, bonds, etc. after the agreement of two shareholders, and its liability shall be proportional to the shares of

B. On August 20, 2012, C transferred 40,000 shares from H and I, a shareholder of the Defendant Company, respectively, and was appointed as a director of the Defendant Company.

C. On December 5, 2012, the Plaintiff opened a letter of performance of the obligation under the name of the Defendant Company (hereinafter “instant letter of performance”) with the following content, and transferred KRW 100 million to the Defendant Company’s deposit account on the same day.

(hereinafter referred to as “the act of borrowing”). A debtor: A debtor: A debtor: The loan interest rate of KRW 100 million on December 5, 2013: 1% per month (where interest is overdue for not less than one month or the principal is not repaid until maturity): 2% per month (where interest is overdue for not less than one month). There is no dispute over a ground for recognition; Gap evidence 1 through 4 (the defendant asserts that the part registered in the name of the defendant in the evidence No. 3) but it is insufficient to recognize it only by the statement of evidence No. 4, and there is no other evidence to acknowledge it; hereinafter the same shall apply); Eul evidence No. 1, and the purport of the whole pleadings.

2. The assertion and judgment

A. A summary of the parties’ assertion 1. Plaintiff

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