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Reasons
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(영문) 수원지방법원안산지원 2015.12.03 2015가합1250
대여금 등
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an internal director of D Co., Ltd. (hereinafter “D”)

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) was established on June 25, 2007 at KRW 150,000,000 and 30,000 shares.

Defendant B was appointed as an internal director of the Defendant Company on February 1, 2010 and served until now.

B. On May 24, 201, Defendant Company increased its capital by KRW 500,000,000, and KRW 100,000,00 of shares.

As of March 17, 2013, the Plaintiff owned the entire shares of the Defendant Company, and as of March 17, 2013, held 49% of them under title trust to Defendant B, 33% of them to E, and 18% of them to F.

C. From February 201 to September 201, 201, the Plaintiff received loans from various financial institutions under his/her name or Nonparty company’s name, and lent KRW 541,830,000 in total as the Defendant Company’s operating capital.

On June 21, 2013, the Plaintiff and the Defendants confirmed that the total amount of Defendant B’s obligations with respect to Defendant B’s loan obligations is KRW 541,830,000, and written the following confirmations with respect to the Defendant Company’s joint and several guarantee of the said loan obligations (hereinafter “instant confirmation”).

피고 B 부채현황(541,830,000원) 2013. 5. 31. 현재 ▣ 법인총계: 437,700,000원 ▣ 개인총계: 68,130,000원 소외 회사 채권자: 소외 회사: 총계 387,000,000원 원고(개인): 총계 32,990,000원 채무자: 피고 B 대출내용:

1. Guarantee from the Credit Guarantee Fund (National Bank): 300,000,000 won (from April 27, 2011);

2. Credit loans from new banks: 50,000,000 won (from March 2, 2011 to December 27, 2011, from January 6, 2012);

3. Korea Communications Corporation Mutual Aid Association: 37,000,000 won (from February 24, 2011 to December 29, 2011, from January 4, 2012).

4. Individual loan (income from partial repayment of a loan by a national bank): 30,000,000 won (interest 2,990,000 won on April 26, 2012) = 32,990,000 won (from April 26, 2012) = Defendant Company’s creditor: The Plaintiff (Defendant Division): Total amount of KRW 86,70,000: Plaintiff (individual): Total amount of KRW 35,140,000: Defendant B:

1. Korea Communications Corporation Mutual Aid Association: 29,500,000 won;

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