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Reasons
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(영문) 서울서부지방법원 2018.10.19 2017가단5566
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. The parties' assertion

A. On March 2016, the Plaintiff Company and the Defendant Company loaned KRW 120 million to the Defendant Company, and the Defendant Company agreed to return KRW 60 million to the Plaintiff Company until the end of August 2016, and the remainder of KRW 60 million until the end of November 2016, and the Plaintiff Company lent KRW 120,000,000 in total to the Defendant Company by subrogation or account transfer over ten times between March 23, 2016 and May 24, 2016. As such, the Plaintiff Company demanded the Defendant Company to return KRW 120,000,000 loaned to the Defendant Company.

B. On February 25, 2016, C and the Defendant Company, the representative director of the Plaintiff Company, agreed to the following purport, and in accordance with that purport, the Defendant Company, after receiving KRW 120,000,000 from C, transferred only 70,00 common shares of the Defendant Company to D designated by C on May 26, 2016, which was the date when the Defendant Company received KRW 120,00,000 from C, and the Defendant Company did not conclude any separate agreement between the Plaintiff Company and the Defendant Company as alleged by the Plaintiff Company.

Next, the representative E of the defendant company and C of the plaintiff company agree as follows:

Based on this date, C shall assume office as a director of the defendant company.

C A. 60,000 won as of March 30, 2016, and for the same year

4. 30. As of 30.30. Standard 60,000 won, a total of 120,000,000 won will be prepared and a total of 3,50,000,00 won will be acquired by transfer

C The Corporation ordered by C shall have the remaining amount of 4% of the contract amount paid to the Defendant Company, and C shall be fully liable and managed.

C shall make every effort to develop the defendant company as shareholders and directors after purchasing the shares of the defendant company.

2. Judgment on the plaintiff company's assertion

A. Fact-finding 1C and the defendant Company’s 35 million shares of the defendant Company are to take office as director of the defendant Company on February 25, 2016, and 2.C is to take office as director of the defendant Company.

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