logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.09.20 2017가단11176
대여금
Text

1. The Defendant’s KRW 173,00,000 as well as 5% per annum from January 1, 2017 to April 21, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 25, 2016, the Plaintiff and the Defendant prepared a memorandum of understanding that “the Plaintiff is an investor authorized as the first priority holder of the Defendant’s capital increase and that the Plaintiff wants to provide capital increase. The Defendant is a business entity that will implement business normalization through capital inflow within a prompt period of time agreed with the Plaintiff. The Defendant, as soon as possible, designated the Plaintiff as the first priority beneficiary and made the initial down payment of KRW 100 million to the Defendant on February 26, 2016 (hereinafter “instant letter of understanding”).

B. On February 29, 2016, the Plaintiff drafted a written agreement with C, the representative director of the Defendant, stating that “the Plaintiff shall have the status of president at the same time as this Agreement was concluded, and shall be responsible for all the management and administration of the entire company. The Plaintiff shall provide all the operational funds necessary for the normal operation of the company (hereinafter “instant agreement”).

C. The Plaintiff’s KRW 80 million for the Defendant, February 26, 2016, and the same year

3. 15th and 18th of the same month, each of the 10 million won, and the same year.

4. 12.3 million won, 18.15 million won per month, and the same year;

5.9.12 million won, 6 million won on the 17th of the same month, 31.1 billion won on the 31st of the same month, and 173 million won on the 31st of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 10, Eul evidence 5 and 6, the purport of the whole pleadings

2. The plaintiff asserts that the defendant lent KRW 173 million to the defendant and received a certificate of borrowing (No. 1-1, hereinafter "certificate of borrowing of this case") from the defendant. Accordingly, the defendant paid to the defendant on February 26, 2016, the amount of KRW 80 million paid by the plaintiff to the defendant.

3. The sum of KRW 10,00,000,000 for each of the 15th and the 18th of the same month shall be invested by the Plaintiff in the Defendant in accordance with the instant memorandum of Understanding, and the remainder of KRW 73,00,000 shall be the Plaintiff’s agreement.

arrow