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Reasons
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(영문) 대구고등법원 2016.07.20 2014나22339
대여금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following monetary payment order shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. On September 25, 2012, Defendant (former Mutual Company C) was established for the purpose of painting and other disposal business, etc. D was the only director of the Defendant on September 4, 2013 but resigned on March 11, 2014.

B. On December 2, 2013, E (C’s husband) prepared a loan certificate (No. 1-2, hereinafter “the first loan certificate”) under the name of the Defendant and delivered it to F (the husband of the Plaintiff) who represented the Plaintiff. The content is that the Defendant borrowed KRW 50,00,000 from the Plaintiff and that the Defendant’s employee’s seal is affixed on the side of the entry “Defendant’s representative director D,” and the specific content is as follows.

The plaintiff's representative director D (the seal of the defendant's employee): The plaintiff's representative director D (the amount of 50,000,000) will receive the investment amount in full and promise to perform the following provisions.

1. The Plaintiff shall secure 8% of the shares of the Defendant in the decision on investment, invest 50,000 won, and shall register the company’s articles of incorporation as well as immediately as the registration director, and consult on the conditions.

2. Determination of the 1% per month of interest and the time of payment shall be the creditor’s account on the last day of each month.

3. The due date for payment of principal and compensation shall be the due date for payment within 10 days from the date of termination of the contract;

4.A creditor may declare the invalidity of a contract and exercise this right upon the occurrence of a shareholder’s change (including the representative);

5. At the time of entering into this contract, the obligor shall lose the benefit of time, and the obligee shall pay to the obligee 200% of the principal and interest with the full amount of the principal and the investment risk compensation without any justifiable reason, and the obligee shall, even if requested for execution, pay without objection (Provided, That the obligee may demand settlement of 8% of the share).

b.8.

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