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(영문) 서울중앙지방법원 2014.01.08 2013가합34032
대여금 및 투자금
Text

1. The Defendants shall be jointly and severally liable:

A. As to the Plaintiff A’s KRW 407,00,000 and KRW 7,000 among them, from April 5, 2013;

Reasons

1. Basic facts

A. On May 4, 2009, Plaintiff C and B entered into a business investment contract with Defendant D to make cash investments of KRW 300 million, and Defendant D entered into a business investment contract with Defendant D to transfer 18% of the corporation shares to Plaintiff C and B, and Defendant D paid KRW 300,000,000 to Defendant D on the same day, and Defendant D issued a receipt for the said investment amount to the said Plaintiffs. 2) On May 21, 2009, Plaintiff A made cash investments of KRW 200,000 with Defendant D, and Defendant D made a business investment contract with the effect that “10% of the corporation shares shall be transferred to Plaintiff A by entering into a stock transfer contract with Defendant D,” and Defendant D paid KRW 20,000,000 to Defendant D and issued a receipt for the said investment amount to the said Plaintiff D.

(hereinafter referred to as the above 1 and A-1) together with the business investment contract under the above 1 and A-1 shall enter into each business investment contract of this case

B) Around December 2009, Plaintiff E Co., Ltd. lent KRW 200,000 to Defendant E Co., Ltd. (hereinafter the Defendant Co., Ltd.). The Defendant Co., Ltd: (a) as of the arrival of the first month of each month; (b) as of the date of the borrowing of the principal, the principal would be deposited into the Plaintiff’s account within five months after the date of the borrowing; and (c) as of the date of the borrowing of the principal, the principal would be deposited into the Plaintiff’s account within one month.

2) On September 28, 2009, Plaintiff A lent KRW 7,000,00 to the Defendants. On the same day, the Defendants prepared and delivered a loan certificate to the Plaintiff to the effect that “7 million won is regularly borrowed.” On September 27, 2009, Plaintiff C lent KRW 13,000,000 to the Defendants, and the Defendants regularly borrowed KRW 13,000,000 to the Defendants on the same day. On the same day, Plaintiff C lent KRW 4,20,000 to the Defendants on January 9, 2011. The Defendants regularly borrowed KRW 42 million to Plaintiff C on the same day.

“.......”

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