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Reasons
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(영문) 의정부지방법원고양지원 2014.08.22 2014가단4159
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 9, 2008, the Plaintiff drafted a contract with the Defendant and Nonparty C containing the following contents:

(hereinafter referred to as the “instant contract”) . 1. The purpose of the contract Gap (the defendant referred to as the “Defendant”), Eul (the referring to the plaintiff) and Byung (the referring to the plaintiff) are to establish D Co., Ltd. and to conduct businesses such as food, miscellaneous, etc.

2. Roles of each person (Omission thereof);

3. Distribution 1) C means the establishment of a stock company D by investing 3,000 won in its capital, and its profits are 1.5% (for sale, excluding all kinds of taxes, excluding the rebates of persons who conducted the business of the head office as an agent.

(ii)2) (Omission) (3) (Omission) (4) at the time of the establishment of D Co., Ltd., the amount of the paid-in capital of Byung is lent, and the interest thereon is responsible for A and B.

(18%) Annual (18%)

B. The Plaintiff invested KRW 30,000,000 as capital around June 18, 2008 under the instant contract, thereby establishing a non-party D Co., Ltd. (hereinafter “non-party D”) and taking office at the representative director. The non-party company is under suspension of business after September 15, 2013.

C. Meanwhile, the Plaintiff borrowed KRW 35,000,000 from the Agricultural Cooperative Federation around April 17, 2008, and KRW 10,000,000 around June 18, 2008, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7 through 10, Eul evidence Nos. 4 through 7, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff and the Defendant C lent KRW 30,000,000 of the company’s capital to the Defendant and Nonparty C.

B) Upon entering into the instant contract, the Defendant and Nonparty C agreed to pay the Plaintiff the above loans of KRW 30,000,000 and interest at the rate of KRW 18% per annum thereon. (C) Accordingly, the Defendant is obliged to pay the Plaintiff the above loans of KRW 30,000,000 and interest or delay damages.

2) The gist of the Defendant’s assertion is as follows: (a) the Plaintiff’s capital.

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