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(영문) 울산지방법원 2017.04.18 2016가단60463
대여금
Text

1. The Defendant shall pay 96,030,000 won to the Plaintiff and 25% per annum from January 8, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 1, 2013, the Plaintiff entered into a loan agreement with the non-party C (hereinafter “non-party C”) to grant a loan of KRW 300 million by the due date specified by December 1, 2015, which was jointly and severally guaranteed by the Defendant.

(hereinafter “instant loan agreement”). B.

The Plaintiff’s loan amounting to KRW 300 million was remitted to the Nonparty Company from November 13, 2013 to January 8, 2014, and was used as expenses for the establishment of the Nonparty Company. The Nonparty Company was established on November 15, 2013 with the representative director of the Defendant, in-house director, and in-house director as the Plaintiff and D.

C. At the time of incorporation of the non-party company, the number of shares issued was 5,000 shares, respectively, and the plaintiff and the defendant held 2,500 shares.

On August 22, 2014, the Plaintiff drafted a transfer agreement (Evidence A No. 3) with the Defendant regarding KRW 300 million as follows.

1. The defendant shall reimburse the amount of KRW 400 million to the plaintiff as follows:

-a loan of KRW 300 million at the time of incorporation shall be repaid up to December 1, 2015;

- A loan of KRW 100 million shall be repaid by the Defendant.

2. Date and time of redemption - The first redemption: 100 million won by August 31, 2014 - The second redemption: By December 1, 2015, the defendant shall complete the purchase and sale agreement with the plaintiff, subject to the repayment of KRW 300 million by December 1, 2015, by December 1, 2015.

3. Repayment of loans: The defendant shall be liable for a loan of 100 million won.

Accordingly, the plaintiff promises not to set up any book.

4. The defendant may hold 50% of the shares of the LAC until the loan is completed, and the defendant shall hold 50% of the shares when the defendant pays the loan to the plaintiff in full.

This share holds in the form of borrowing, thus promising that it is not liable for it.

E. In settling the claims and obligations between the Plaintiff and the Defendant on October 2014, the Plaintiff’s repayment period for KRW 96,030,000 of the remainder of the above loans is set at 30% per annum and the Defendant’s interest rate is set at 30% per annum.

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