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(영문) 의정부지방법원 2014.08.19 2013가단54420
대여금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 11,50,000 as well as the full payment from May 27, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. C, while serving as the president of the Media Business Office of Korea D (hereinafter “D”), established a Defendant Company that manufactures broadcasting equipment as part of the profitability business of the said Media Business Office, and owned most of the shares of the Defendant Company by December 201, and was registered as the auditor of the Defendant Company by July 201, 201, and actually managed the Defendant Company.

B. From March 17, 2006 to December 21, 2010, C selected E as the representative director of the Defendant Company, and had E hold the name of the representative director of the Defendant Company. In addition, from September 5, 2006 to April 15, 2008, and registered E as the representative director of the Plaintiff Company, and from April 15, 2008 to April 15, 201, it actually operates the Plaintiff Company, while it was registered as a director, and it actually operates the Plaintiff Company. Since then, F and G are selected in sequence as the representative director of the Plaintiff Company, it actually operates the Plaintiff Company.

C. From the Plaintiff Company’s account to the Defendant Company’s account, KRW 34,404,444 on May 28, 2010, KRW 10,000 on July 10, 201, and KRW 9,000,00 on September 8, 2010 respectively.

H accepted the Defendant Company from around December 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Eul evidence 2, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion and judgment 1) from May 28, 2010 to September 8, 2010, transferred to the Defendant a total of KRW 53,404,444 over three occasions, as above. Of these, the Defendant repaid KRW 3,00,000 on November 1, 2010, and the Defendant sold the vehicle owned by the Defendant to the Plaintiff for KRW 4,50,000,000, and KRW 7,000,000 on May 27, 2011. Accordingly, if the Plaintiff deducts the aforementioned partial payment and the purchase price of the said vehicle from the above loan, the Defendant deducted the Plaintiff from the aforementioned payment and the purchase price of the said vehicle: KRW 38,904,444,04, KRW 53,404, KRW 300,00,000; and

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