logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.11.01 2018나11846
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Facts of recognition

Defendant B Company (hereinafter “Defendant Company”) is a corporation established on January 17, 2013 for the purpose of real estate development business, etc.

The plaintiff served as the representative director in the defendant company and retired on January 17, 2016, and the defendant C is currently operating the above company as the inside director of the defendant company.

From around 2009, when the Plaintiff subsidized the real estate purchase fund and expenses, the Plaintiff and Defendant C operated the business in a way that Defendant C sold real estate in accident and divided its marginal profits. In that process, the Plaintiff and Defendant C established the Defendant Company on January 17, 2013.

While the Plaintiff is in office as a representative director, he/she made a number of monetary transactions with the Defendant Company by transferring money to the Defendant Company’s corporate account and receiving money to his/her own account. The Plaintiff directly disbursed the expenses of the Defendant Company from the Plaintiff’s account or directly disbursed the individual expenses from the Defendant Company’s corporate account.

Creditors: The debtor of the plaintiff: The defendant company and the joint and several sureties: The repayment of principal amount of KRW 350,000,000 shall be made as follows:

- On October 15, 2016, - KRW 5 million - KRW 100 million on December 30, 2016 - KRW 245 million on May 30, 2017, a joint and several surety shall be jointly and severally and severally liable for the performance of obligations with the debtor. On September 3, 2016, the Plaintiff prepared a certificate of borrowing (hereinafter “certificate of borrowing of this case”) with the Defendants on September 3, 2016, while the Plaintiff shall be jointly and severally and severally liable for the performance of obligations with the debtor.

On September 3, 2016, the Plaintiff entered into a share transfer agreement (hereinafter “instant share transfer agreement”) with Defendant C on the share transfer of KRW 102,00,00,000 of the shares of the Defendant Company owned by it, and the Defendant Company expressed its intent to accept the said share transfer on the same day.

On October 15, 2016, Defendant Company paid KRW 5 million to the Plaintiff.

Facts without dispute over the basis of recognition, Gap's evidence 1, 2, 3, 5, 6, 7, and Eul's evidence 12, 14.

arrow