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(영문) 춘천지방법원강릉지원 2014.01.16 2013가합82
대여금
Text

1. The Defendant shall pay KRW 30 million to the Plaintiff the annual interest rate of KRW 20% from February 1, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant Company managed the Company as a de facto shareholder of C, and D is a nominal representative director as a parent of C.

B. The actual operator C and D, the representative director of the Defendant Company, requested the Plaintiff to grant a loan of the Company Operation Fund, and the Plaintiff paid a total of KRW 910,636,662 to the Plaintiff by July 4, 2012, including the supply of KRW 50 million with D’s account, etc., and the Plaintiff paid KRW 910,636,662 as a loan or discount of bills, etc. by July 4, 2012, and C and D used this as the company’s operating fund, and returned KRW 436,228,472 for the same period to the Plaintiff.

C. On July 4, 2012, the Plaintiff and the Defendant Company settled the loan principal amount of KRW 474,408,190 ( KRW 910,636,62-436,228,472) and the interest accrued therefrom, at KRW 25,591,810, and determined the loan principal as KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

On the other hand, as the Defendant Company had experienced financial difficulties, C transferred its management rights in a way that sold all the shares of the Defendant Company to C&D S&D Co., Ltd. at KRW 815 billion around September 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 5-1 to 4, Eul evidence 2, witness D's testimony, the purport of the whole pleadings

2. According to the evidence evidence Nos. 1, 2, and 3, the Plaintiff loaned money to the Defendant from January 5, 2012 to July 4, 2012, and the total amount of the loan was settled as KRW 500 million on July 4, 2012. At the time, D, which was the representative director of the Defendant, guaranteed the Defendant’s obligation of borrowing KRW 500 million against the Plaintiff, and the Defendant repaid the above borrowed money and paid the remainder of the debt amount of KRW 300 million on September 4, 2012.

According to the above facts of recognition, the defendant company is out of KRW 500,000,00,000 to the plaintiff, except in special circumstances.

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