logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.26 2018가합552214
대여금
Text

1. The Defendant’s KRW 685,363,510 for the Plaintiff and the Plaintiff

(a) Of them, KRW 200,000,000 shall be from February 28, 2013 to February 16, 500.

Reasons

1. Basic facts

A. On December 28, 2012, the Defendant: (a) assumed the Defendant’s liability of KRW 5.46 billion against C, which is a major shareholder; and (b) C assumed the Plaintiff’s liability equivalent to the above amount; (c) concluded a contract on the acquisition of the claim against the Plaintiff between the Plaintiff and the Defendant on December 28, 2012, with a view to repaying the said obligation against the Plaintiff, C entered into an agreement on the acquisition of the claim of KRW 5.46 billion against the Defendant.

(hereinafter “instant bond acquisition agreement”) B.

On December 28, 2012, the Defendant entered into a monetary loan agreement with the Plaintiff to the effect that the Defendant borrowed KRW 5.46 billion from the Plaintiff (hereinafter “instant loan agreement”). The repayment date is the closing date of the Plaintiff’s settlement of accounts (which may be extended by mutual agreement between the Plaintiff and the Defendant on December 31, 2016), and the interest rate is set at the interest rate on the current loan (6.9% per annum until March 6, 2016, and 4.6% per annum from the following day) as stipulated in Article 43(2) of the Enforcement Rule of the Corporate Tax Act.

C. On February 28, 2013, the Plaintiff decided to lend KRW 200 million to the Defendant, and the repayment date was set at the Plaintiff’s closing date each year, and the interest rate was set at the above overdraft interest rate, and the said date was remitted to the Defendant’s account.

On June 3, 2014, the Plaintiff agreed to lend KRW 16.5 million to the Defendant, and the repayment date was set at the end of the Plaintiff’s settlement of accounts each year, and the interest rate was set at the above interest rate on the current loan, and remitted KRW 16.5 million to the Defendant’s account.

E. On June 15, 2015, the Plaintiff decided to lend KRW 60,50,000 to the Defendant. The date of repayment is the date of the Plaintiff’s settlement of accounts, and the interest rate was set at the end of the Plaintiff’s settlement of accounts, and the said interest rate was set at the above interest rate on the current loan, and remitted KRW 60,50

F. On July 20, 2015, the Plaintiff agreed to lend KRW 308,063,510 to the Defendant. The date of redemption is the end of the Plaintiff’s annual settlement of accounts, and the interest rate was set at the above interest rate of overdraft, and KRW 308,063,510 on the same day is the Defendant’s account.

arrow