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Reasons
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(영문) 부산지방법원 2015.04.01 2014가합9826
대여금
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1. Defendants B and D: (a) KRW 180,00,000 for each Plaintiff; and (b) from October 3, 2014 to April 1, 2015 for each Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3, 5 (including paper numbers; hereinafter the same shall apply) and Eul evidence 1:

Defendant C was the representative director in the name of Defendant D Co., Ltd. (hereinafter “Defendant D”), and Defendant B was the representative director in the name of Defendant D’s actual operator on July 11, 2014.

B. Defendant D’s interest on May 26, 2010 on the Plaintiff’s investment amounting to KRW 150 million against Defendant D’s Defendant D, from June 2010 to June 2010.

7. Monthly interest and KRW 3 million shall be paid, and when a factory is operated by importing machinery with the above investment funds, 10% of sales profits shall be paid monthly, and the period of repayment of the above investment funds shall be May 26, 201;

“C. In the event Defendant B fails to pay the sum of KRW 195 million borrowed from the Plaintiff by May 26, 2013, 2012, Defendant B drafted an explanatory note as to the investment amount. (c) On November 8, 2012, Defendant B responded to any of the measures taken by the Plaintiff and raised no objection against all civil and criminal charges.

"A loan certificate of this case" or "the loan certificate of this case" or "the loan certificate of this case"

was drawn up.

The Plaintiff is a person who was paid KRW 15 million out of the above KRW 195 million.

C. Meanwhile, on March 25, 2014, the Plaintiff transferred KRW 9.5 million to the deposit account in Defendant C’s name.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) part of the Plaintiff’s claim amounting to KRW 180 million (A) was 150 million in Defendant D, and the Plaintiff invested KRW 150 million in Defendant D by means of the instant loan certificate, and determined the said investment amount and interest thereon as a total of KRW 195 million in total. As such, Defendant D is obligated to pay the Plaintiff the remainder of KRW 150 million after subtracting the Plaintiff’s payment from the said KRW 195 million in total.

(2) Defendant D has the external form of a legal entity, but in substance, Defendant B and C.

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