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(영문) 서울중앙지방법원 2018.07.05 2017가단81305
대여금
Text

1. The Defendants: (a) each of the Plaintiff KRW 250,100,00 and KRW 112,100,000, as to Defendant B, from September 8, 2017.

Reasons

1. Basic facts

A. On May 27, 2009, Defendant B, a joint representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), issued one copy of the Promissory Notes Co., Ltd. (hereinafter “instant Promissory Notes”) to the Plaintiff, a joint representative director of Defendant Co., Ltd., (hereinafter “Defendant Co., Ltd”). On the same day, on the same day, a notary public drafted and issued a notarized deed on the said Promissory Notes Co., Ltd. (A No. 1; hereinafter “notarial deed of this case”) (hereinafter “instant Promissory Notes”) as the payee, Plaintiff, 112,100,000 won at face value, place of issuance, place of payment, and place of payment, respectively, and on July 31, 2009.

B. On August 1, 2009, Defendant B prepared a letter of additional performance (Evidence A2; hereinafter “instant letter of additional performance”) stating that the Plaintiff would pay not less than half of the total amount by the end of August 1, 2009, and settle the total amount by the end of September 2009, as the joint representative director and individual status of the Defendant Company as an individual.

C. On November 25, 2009, Defendant B, as the representative director of the Defendant Company and an individual, is the Plaintiff’s letter of undertaking as follows: (a) “A” No. 3; and (b) “instant letter of undertaking.”

A) The Defendant Company: (a) signed and proposed a promise; (b) the Defendant Company, among KRW 100,000,000,000,000 and KRW 5 million,000,000,000,000 and the remaining interest (3% per month) on May 27, 2009, were repaid to the Plaintiff; (c) but (d) the shares of the Defendant Company in temporary custody (excluding the Plaintiff’s share 3.5% out of total 27.5%) were returned to the Plaintiff, which is the representative director of the Defendant Company, prior to the payment of the amount indicated above, due to the need to attract investments, the following contents are promised to be returned first by Defendant B, who is the representative director of the Defendant Company, to the Plaintiff.

2. Defendant B, the representative director of the Defendant Company, is the Plaintiff’s representative director on May 27, 2009.

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