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Reasons
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(영문) 서울중앙지방법원 2020.07.22 2019가합512404
대여금 등
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1. The defendant shall pay 1 billion won to the plaintiff and 12% per annum from January 5, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan of KRW 80 million to the Defendant was deemed to have been dissolved on December 3, 2018, as a company engaged in the housing construction business, real estate leasing business, and sales business. On April 10, 2020, the company’s continuation registration was completed on April 14, 2020 after a resolution was passed at a temporary general shareholders’ meeting on April 10, 2020. (2) The Plaintiff lent KRW 600,000,000 to the Defendant on July 10, 2009 and each 20th of the same month, respectively. As of May 6, 2010, the Defendant, who was the de facto president of the Defendant at the time of May 6, 2010, lent KRW 550,000,000 for the borrowed amount, and KRW 300,0000,000 for the borrowed amount to the Defendant’s account, 300,000.

3) The Defendant’s above KRW 800,000,000 (= KRW 600,000,000) and KRW 200,00,000,000, and hereinafter “the instant loan”).

B) Both the Plaintiff and C have used for operating expenses of the company. (B) On November 5, 2010, the Plaintiff filed a complaint with the Suwon Prosecutors’ Office as a fraud. The details of the complaint were that “If C lends KRW 200,000,000 to May 6, 2010, the sum of KRW 350,000,000, out of the Defendant’s existing loan amount of KRW 600,000,000, the sum of KRW 550,000,000, out of the Defendant’s existing loan amount of KRW 600,000,000, would be repaid by June 5, 2010, the Plaintiff acquired the said loan amount of KRW 20,000 from the Plaintiff.”

2) On December 27, 2010, C and D, the executive director of the Defendant, in order for the Plaintiff to withdraw the complaint against C on December 27, 2010, a letter of commitment with the following content (hereinafter “certificate of commitment”).

) The Plaintiff prepared a criminal complaint against C on December 28, 2010, and the Plaintiff withdrawn the criminal complaint against C on December 28, 2010. Each of the above written reporters agreed to pay KRW 550,000,000 to A (the Plaintiff) who is the complainant by October 5, 2010, but he/she was not paid the above amount, and thus he/she was asked to perform the above criminal complaint against the above A as follows.

1. Each letter shall respect the above articles.

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