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(영문) 수원지방법원 2016.09.27 2016가단500289
대여금
Text

1. The Defendants jointly and severally use the amount of KRW 153,416,62 as well as KRW 10,958,333 as the amount of KRW 153,416,662 as well as the amount of KRW 10,958,333.

Reasons

1. Facts of recognition;

A. On June 29, 2012, the Plaintiff, the representative director of Defendant B Co., Ltd. (hereinafter referred to as the “Defendant Company”), prepared a “written undertaking of repayment of borrowed money” (hereinafter the instant agreement) with the Defendant Company, and Defendant C, D, and E jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff, based on the said agreement, as follows: (a) the principal content of the agreement is as follows: (b) the LAB written undertaking of repayment of borrowed money (loan) to the Plaintiff from July 20, 2010 to May 31, 2012, the Plaintiff promised to jointly and severally repay the amount of KRW 230,000,000 of the former representative director, deposited with the corporate passbook from July 20, 2010 to May 31, 2012.

1. Installment redemption of principal: From July 2012 to July 2012, 10 million won as of the last day of each month shall be deposited in A’s account until the whole principal of the provisional deposit is deducted;

2. Payment of interest: It shall be deposited at the rate of 5% per annum on the remaining amount of provisional deposit when principal is repaid in installments; and

3. Other: (1) When the above contents are not fulfilled, all legal responsibilities shall be jointly and severally signed and sealed by the Bank of Korea.

(2) Where the repayment of provisional deposit is completed, A shall transfer it to a person who desires to hold a stock.

B. At the time of the preparation of the instant agreement, in the corporate register of the Defendant Company, the Plaintiff was registered as the representative director, the F and Defendant D as each internal director, and the Defendant C as the auditor respectively.

On July 9, 2012, after the formation of the instant agreement, Defendant C was appointed as representative director, G and Defendant E as inside director, and Defendant D as auditor, respectively.

At the time of the preparation of the instant agreement, the total number of shares issued by the Defendant Company was 100,000 shares. Among them, the Plaintiff and Defendant C each held 30,00 shares, H and Defendant E and D, 7,00 shares, F, and I held 3,00 shares.

C. The Plaintiff’s agreed amount to be paid to the Defendants from July 2012 to March 2013 pursuant to the instant agreement on loans in Suwon District Court 2013dan8441 is to be paid to the Defendants at the end of each month.

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