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(영문) 수원지방법원 2019.04.03 2017가단525148
회사에 관한 소송
Text

1. Defendant B’s 30,000,000 won and the interest rate of 15% per annum from March 13, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. Around March 2011, the Plaintiff transferred 10,00 shares registered common interest shares of D Co., Ltd. (hereinafter D D D D D D D D D D D) that he/she held as a major shareholder and as a representative director (hereinafter D D D D D D D D) to Defendant B, who was an employee of D D D, at the time of such transfer.

At the time, Defendant B requested that the transferee of the shares be transferred to Defendant C, one’s own partner, and at that time the Plaintiff transferred the shares of this case to Defendant C.

B. Around January 2013, Defendant B concluded that it is difficult for the Plaintiff to be able to be able to enjoy, and that the Plaintiff lent 2.5 million won per month to Defendant B each year, and Defendant B agreed to refund the instant shares in return therefor.

(2) According to the agreement of this case, the Plaintiff deposited 2.5 million won per month to Defendant B from February 13, 2013 to January 17, 2014, and 30 million won per month to Defendant B’s bank account in the name of Defendant C at Defendant B’s request.

(2) Defendant B alleged that he received information from the company or industry to which he belongs in return for providing information to the Plaintiff, but it is not sufficient to acknowledge the above assertion only with the entries of No. 1 and the result of Defendant B’s personal examination, and there is no other evidence to reverse the recognition of the above lending, and thus, the above assertion is not accepted). [Evidence: Evidence: Gap 1 through 4, 6 through 9, the result of the Plaintiff’s personal examination, and the whole purport of argument]

2. Article 380(Alternative Claim) of the Civil Act provides that “If the subject of a claim is determined in accordance with the choice from among several acts, the choice shall be made to the obligor unless otherwise provided by other Acts or agreed by the parties.” Article 381(Transfer of Right of Option) provides that “If the subject of the claim is determined in accordance with the choice from among several acts, and if the option holder fails to exercise the option within that period, the other party shall choose the option with a reasonable

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