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(영문) 서울중앙지방법원 2015.02.13 2013가합82802
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 247,00,000 as well as the amount of KRW 247,00,00 on April 19, 2014.

Reasons

1. Basic facts

A. 1) C entered into a partnership agreement with D on July 199, and establishes a defendant (D and C were registered as representative director and director, respectively).

(2) Around January 1, 2001, D and C provided joint and several suretys to financial institutions, such as the Hansung Damage Insurance Co., Ltd., and provided loans under the name of the Defendant, and borrowed KRW 400 million from the Plaintiff, who had been employed as a tax official at the same time (the amount later was converted to the amount of investment made against the Defendant according to an agreement with the Plaintiff).

(2) On February 18, 2001, the Plaintiff entered into a partnership agreement with D and C with the following contents.

(hereinafter referred to as the “instant trade agreement”). A trade agreement

I. IN GENERAL. (D), B (Plaintiff), C (C) and F (F) 4 do not always be forgotten at all times at the time of the payment of the auction proceeds of the factory acquired by the company in the operation of the business and cooperate with each other by combining the mind and intent of the company and fulfilling their sentiments.

Ⅲ The equity interest of Party A in a equity agreement shall be 40 per cent, 27 per cent for Party B, 20 per cent for Party C, and 13 per cent for a definition.

The Company's capital shall be one billion won, and the amount of the Company's capital shall be KRW 266,50,000 in the amount of equity investment, and the amount of equity shall also be converted to the amount of the loan 13,500,000 in the amount of equity investment, but the change in the amount of equity within the inherent scope of each person may be arbitrarily changed.

Ⅳ In principle, the general matters of the operation of the Company will be to obtain the post-determination of B, the amount exceeding 1 million won per transaction among the matters concerning the acquisition of assets and the disbursement of expenses, and the amount exceeding 10 million won per transaction, and the amount exceeding 10 million won out of short-term loans shall be to obtain the pre-determination of B at an appropriate time, such as holidays.

A and C in charge of the management of the company shall report to B and E, the following matters:

- monthly financing plans and performance - monthly.

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