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(영문) 서울동부지방법원 2015.11.26 2015가단25595
대여금
Text

1. The Defendants are jointly and severally liable for the Plaintiff to D Co., Ltd., and 100,000 shares of D Co., Ltd. to Defendant B.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence 1, 2, Eul evidence 1, and 7, the plaintiff and defendant Eul corporation Eul's representative (hereinafter "D") entered into an investment agreement of KRW 200,000,000 on January 5, 2009; and on the same day, defendant Eul entered into an investment agreement of KRW 200,000,000 with the purport that "in the event of an investor's change of intent, the plaintiff shall be deemed to have invested in the representative director B, and shall be returned all the shares provided at the time of a request for redemption of the investment principal after one-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-related loan certificate (hereinafter "the loan certificate of this case") and deliver it to the plaintiff; the defendant Eul signed the loan certificate of this case with its signature, and the plaintiff deposited KRW 1939,267.

If the authenticity of a disposal document is recognized, the existence and content of the declaration of intent according to the contents of the document shall be recognized unless there is any clear and acceptable counter-proof evidence that the contents of the document are denied. According to the above facts of recognition, in case where the plaintiff seeks to return the investment bond to the defendant B after one year from the date of investment in D by preparing and delivering the loan certificate of this case, the defendant B shall be deemed to have expressed his intent to pay the refund amount of KRW 200,000,000 in lieu of acquiring the shares allocated to the plaintiff, and the defendant C shall be deemed to have jointly and severally guaranteed the same (hereinafter referred to as the "agreement of this case"). Thus, the defendants shall be jointly and severally liable to pay the above KRW 20,00,000 as stipulated in the agreement of this case, unless there is any special

As to this, the Defendants asserted that the loan certificate of this case was formally prepared without the intent to bear the obligation, and thus, the agreement of this case is invalid. However, the Defendants submitted it to the effect.

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