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Reasons
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(영문) 수원지방법원여주지원 2016.10.19 2015가합1177
대여금
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1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from September 25, 2015, KRW 500,000 and its amount:

B. Defendant C.

Reasons

1. Basic facts

A. The Plaintiff wired the total amount of KRW 500 million to the Nonghyup Bank account (Account Number D) in the name of Defendant B Co., Ltd. (hereinafter “Defendant Company”), KRW 20 million on July 10, 2014, KRW 100 million on July 22, 2014, KRW 17, August 18, 2014, KRW 60 billion on August 18, 2014, and KRW 50 million on August 25, 2014 (hereinafter “instant money”).

B. On January 16, 2015, Defendant Company: (a) prepared and executed the following loan certificates (hereinafter “the instant loan certificates”); and (b) around that time, the Plaintiff acquired 25,800 shares of Defendant Company’s 60,000 shares (hereinafter “instant shares”).

Amount: Ascertainment that the amount of KRW 500 million has been lent by the debtor B(Defendant Company) from the creditor A(Plaintiff)

1. 20 million won on July 10, 2014;

2. 100 million won on July 22, 2014

3. 100 million won on August 7, 2014

4. KRW 60 million on August 18, 2014;

5. On August 25, 2014, I borrowed KRW 40 million.

C. On March 25, 2015, the Plaintiff and the instant loan certificate concluded a mortgage agreement (hereinafter “mortgage agreement”) with respect to each of the instant real estate listed in the separate list owned by the Defendant Company (hereinafter “each of the instant real estate”) with a view to securing the payment obligation of the instant money, and on the same day, according to the instant mortgage agreement, the Defendant concluded a mortgage agreement with the Plaintiff, the Plaintiff, the Defendant Company, and the maximum debt amount as KRW 50 million (hereinafter “mortgage”).

Defendant C, at the time of May 18, 2015, intended to acquire the Defendant Company E and the Defendant Company, which had been the representative director of the Defendant Company, drafted an agreement with the following contents (hereinafter “instant agreement”), and was appointed as the representative director of the Defendant Company on the same day.

[Transfer Articles] B [A] - F, 107 804 / [B] C (Defendant C; hereinafter the same shall apply] - The above representative director E refers to “A”.

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