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(영문) 청주지방법원 제천지원 2018.08.23 2017가합66
대여금
Text

1. The Defendant: (a) KRW 215,00,000 for the Plaintiff and 5% per annum from March 1, 2017 to August 23, 2018.

Reasons

Basic Facts

On September 14, 2015, the Plaintiff invested capital of KRW 200 million with C, thereby establishing a Korea Agricultural Company D Co., Ltd. (former trade name: Incorporated Co., Ltd.; hereinafter “instant company”) on September 14, 2015, and made 50% (including KRW 10,000,000 out of KRW 20,000,000,000,000 per share of KRW 100,000,000,000,000,000,000,000,000,000,000,000) and G (C) as the representative director of the instant company, while the Plaintiff was appointed as the representative director of the instant company by evaluating that the Plaintiff had invested KRW 5,00,00,000 per share of KRW 20,000,000,000,000.

After that, the Plaintiff thereafter lent a considerable amount of money to the instant company for the purpose of raising funds for the operation of the instant company.

As such, even after the establishment of the instant company, the Plaintiff expressed his/her intent to discontinue the management of the instant company upon the return of his/her investment and loan to C, who suffered difficulties in continued lending of money in a considerable amount of money due to the lack of funds, such as reporting the enemy and bearing a considerable amount of debt, etc.

C, on November 2016, in coloring the person to take over the instant company, the Defendant was introduced to the Plaintiff and around that time, and the Plaintiff and the Defendant consulted on the transfer and takeover of the instant company’s management rights. At the beginning, there was a talk that the Defendant would take over KRW 50% of the Plaintiff’s shares (as assessed as KRW 100 million) and KRW 25 million of F’s shares (as assessed as KRW 50 million), but at the end, the Plaintiff and the Defendant received the money that the Plaintiff lent to the instant company for the said period under the pretext of a deposit.

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