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(영문) 수원지방법원안양지원 2015.06.25 2013가합6815
대여금
Text

1. The Plaintiff, Defendant D Co., Ltd.: KRW 100,000,00 and 5% per annum from September 4, 2007 to January 9, 2014.

Reasons

On August 207, Defendant C requested investment with the following purport: (a) around the end of August 2007, Defendant C visited Defendant D to introduce himself as the president of Defendant B; (b) and (c) upon entering into a punch and a sales agency contract with Defendant B (hereinafter “sale agency contract under the above contract”) and upon entering into the sales agency contract with the punch et al. (hereinafter “sale agency contract”), Defendant B would pay part of the sales agency fee if the outstanding KRW 100 million balance is invested.”

On September 4, 2007, Defendant C was not an officer registered as an agent of Defendant D on September 4, 2007, but was in the position of president in Defendant D.

In preparing a letter of agreement containing the following contents (as referred to in subparagraph 1-1, hereinafter referred to as “instant letter of agreement”), the upper part and the end part of the agreement, “A” with the name of the representative director of the Defendant B affixed to the name of the representative director of the Defendant B, and the name was stated and sealed in column B, “A” with the name attached to the name of the representative director, and “F” with the name attached to column B, and “B” with the name attached to the letter of agreement: “B” with the Defendant D’s representative director and the Plaintiff, and “B” with the name attached to the letter of agreement; “B” entered in column “F” with the statement “F of the representative of the Defendant D representative director,” and “B” with the statement “F of the end of the agreement” as a joint contract for the instant parcelling-out contract.

The term "B" shall invest KRW 100 million out of the amount of KRW 500 million of the contract deposit of the sales agency contract of this case to "A".

The term "A" shall return the principal amount of KRW 100 million invested by "B" to September 18, 2007, and one percent of the sales agency fees shall be paid with investment profits by 6%, and one hundred million won among them shall be paid until October 31, 2007 and the remainder shall be paid until the end of March 2008.

The term "A2" (the chairperson defendant C) shall confirm the above terms and conditions of the contract and shall be jointly and severally guaranteed as an individual qualification.

On the other hand, his seal was affixed.

Defendant D’s actual operator, G, the representative director of Defendant D.

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