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(영문) 서울남부지방법원 2016.10.27 2014가합112096
대여금
Text

1. Defendant D’s KRW 35,00,000 and its amount are 5% per annum from June 17, 2009 to October 27, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Relevant Defendants D and B are the married couple, Defendant C is the children of Defendant D and B, and Defendant E is the father of Defendant B.

B. From February 24, 2005 to March 10, 2009, the Plaintiff remitted total of KRW 384,898,500 to each account under the name of Defendant D and B, and thereafter, remitted total of KRW 238,00,000 to the account under the name of the Defendant B from June 16, 2009, and KRW 5,000,000 on September 8, 2009, and KRW 2,000,000 on September 16, 2009.2) Defendant D and B remitted total of KRW 238,00,000 to the Plaintiff’s account from March 28, 2005 to October 1, 2010.

(c) Conclusion A of a sales contract: Name G resident number H: 49% (35,000,000) of G’s shares in Name A (Plaintiff) F shall be fully paid on June 18, 2009 to A, and shall also include 51% of its shares in Thailand.

Transfer money 35,000,000 won from the account of A to the account of wife B from the account of A

6. As of July 1, 2009, A shall sell to B the shares of the Company A in respect of all projects as of July 1, 2009. The Plaintiff is a F Corporation (F; hereinafter “F”) located in Thailand between Defendant D and Thailand on June 18, 2009.

2) As to the share of a sales contract (hereinafter “instant sales contract”) including the following terms:

(2) Defendant D entered into the instant sales contract in the name of G, a State-licensed G (hereinafter “instant sales contract”).

(d) The Plaintiff’s complaint and its past 1) around December 2010, the Plaintiff filed a complaint with the Guro Police Station in Seoul, Seoul, on the following grounds: “Around February 24, 2005, the Plaintiff conspireds with Defendant D, B, and C, and acquired approximately KRW 420 million by deceiving the Plaintiff from February 24, 2005 to September 16, 2009, and acquired it by transfer.” However, the said Defendants filed a complaint against the said Defendants under suspicion of fraud, but the said Defendants were subject to a disposition of suspicion against the said Defendants.

2) Afterwards, the Plaintiff filed with the Gwangju District Prosecutor’s Office the charge of fraud as above and the charge of forging and using the sales contract of this case (i.e., fabrication of private documents and display of the aforementioned investigation document), and filed a complaint with the said Defendants, and (ii) the said charge of fraud and Defendant B and C.

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