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(영문) 서울중앙지방법원 2017.02.08 2016나58224
대여금
Text

1.In the judgment of the first instance,

A. As to Defendant B, KRW 50,000,000 against the Plaintiff and the Plaintiff, from December 31, 2013 to February 2017.

Reasons

1. According to the records as to the legitimacy of the subsequent appeal, the court of first instance rendered a judgment in favor of the Plaintiff on November 26, 2014, after serving a copy of the complaint against the Defendants, a notice of the date of pleading, etc. by public notice, and served the Defendants by public notice. The original of the judgment also served on the Defendants by public notice.

After that, the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and Defendant B applied for perusal and duplication of the records of the first instance court on August 25, 2016. The Defendants were aware that the first instance judgment was rendered by public notice.

The appeal filed by the Defendants on September 2, 2016, which was within 14 days from that date, is lawful as satisfying the requirements for subsequent completion of procedural acts.

2. Basic facts

A. On November 15, 2007, the Plaintiff transferred KRW 50 million to the account in the name of the Defendant Company.

Defendant B, the representative director of the Defendant Company, prepared and issued the certificate of cash receipt of KRW 50 million to the Plaintiff on the same day.

B. Around that time, the Plaintiff became a shareholder of the Defendant Company by allocating 2,00 shares of the Defendant Company.

Business Investment Agreement

6. The investment principal of the investment amount shall be KRW 50,000,000,000, which the Plaintiff paid to the Defendant Company, the ownership of Defendant B, and whose repayment is not made by Defendant B to the Plaintiff on November 2007, and KRW 100,00,000,000, respectively.

7. Redemption of the investment principal shall be determined as KRW 50,00,000 on December 30, 2012 and KRW 50,000 on December 30, 2013;

Interest on the investment principal shall be determined as one copy and paid on the 5th of the following month.

When Defendant B has enough funds, the investment principal may be repaid at an early stage through mutual consultation.

C. Around October 2011, the Plaintiff entered into a business investment agreement (hereinafter “instant investment agreement”) with Defendant B with respect to sampling and recreation company (hereinafter “Nonindicted Company”). The main contents of the agreement are as follows.

【Legal basis for recognition】

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