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(영문) 창원지방법원진주지원 2014.09.24 2014가합133
대여금
Text

1. The Defendant: (a) 150,000,000 won to Appointers C and 5% per annum from February 7, 2013 to January 23, 2014; and (b)

Reasons

1. Basic facts

A. On October 201, the Plaintiff and the Selection C invested KRW 300,000,000 to D (hereinafter “D”) that the Defendant was the largest shareholder and the representative director, and the Plaintiff was the auditor of the said company on October 18, 201, and the Selection C was the internal director on November 10, 201.

B. In around 2011, the Plaintiff requested the Defendant to “as the Defendant borrowed and used the company’s funds worth KRW 152,029,914 as provisional payment, the Plaintiff returned the said funds to the company.” The Defendant, upon lending KRW 150,000 to the Defendant, recommended the Plaintiff to “as the Plaintiff leased KRW 150,000 to the Defendant, the Plaintiff entered into a contract on behalf of the representative director and the Plaintiff to delegate all the rights and responsibilities of the Defendant’s representative director to the Plaintiff, and the Plaintiff entered into a contract on behalf of the Plaintiff with the following duties: (a) heavy and high-income industrial equipment purchase, repair, sales, and services (hereinafter referred to as “E”) related to Thailand flood in which the Defendant is currently acting as the representative director; and (b) KRW 150,00,0000 out of the funds invested by the Defendant in Thai Project.”

1.Without any condition, transfer D's total rights to D's holdings to D, and reserve repayment of D's total rights to D's deposits until D's normalization is made.

2. The Defendant is responsible for and reimburseing the total amount of KRW 152,029,914, including KRW 52,029,914, which was paid at the time of borrowing and borrowing 52,029,914, which was paid at the time of performing the position of the representative director and the total amount of the transferred total amount of the rights.

Provided, That this fund may be invested short-term in E for a year according to the plaintiff's decision-making, and in the event of investment decision-making, E shall guarantee profit of 100%.

3. As such, the Plaintiff’s capital increase on October 21, 201 was executed entirely with the Plaintiff’s responsibility.

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