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(영문) 서울동부지방법원 2017.02.07 2015가단121264
어음금
Text

1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) KRW 6% per annum from May 31, 2014 to August 13, 2015, and the next day.

Reasons

1. We examine the determination as to the cause of the claim, and there is no dispute between the parties, or comprehensively considering the purport of the argument in the statement No. 1-1 and No. 2 of Gap, the defendant issued a promissory note in Seoul (hereinafter "the Promissory note in this case"), which is Seoul, at the face value of KRW 100 million, the due date of May 30, 2014, the issue date of November 1, 2013, the place of payment, the place of payment, and the place of payment, and the fact that the plaintiff holds the Promissory Notes in this case, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 100 million and its 6% per annum from May 31, 2014 following the due date of the Promissory Notes in this case to August 13, 2015, the next day of the bill in this case to September 30, 2015, the interest rate of 20% per annum or delay damages as prescribed in the former Special Act.

2. The defendant's assertion and judgment

A. Defendant’s assertion 1) On May 12, 201, the Plaintiff served as Defendant’s representative director or a de facto representative director. 2) On or around May 12, 201, the Plaintiff entered into a business agreement with C to transfer the Defendant’s shares and management rights of KRW 5.2 billion, which the Plaintiff, D, E, F, and G, owned by the representative director, to H, and according to the said business agreement, C had the obligation to pay the Plaintiff KRW 2.4 billion.

3 The Plaintiff, around May 16, 201, agreed with C to take over the IS Limited Liability Corporation owned by C from C in order to assist C to secure the acquisition price of shares, but the acquisition price was determined within the scope of the accounting firm’s evaluation and verification.

Accordingly, on July 1, 2011, J Accounting Corporation assessed the value of the above limited construction as KRW 1.7 billion, but the above limited construction is actually KRW 2.4 billion.

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