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(영문) 서울서부지방법원 2018.12.13 2017가단218171
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's cause of action is as follows.

Around December 202, the Plaintiff was engaged in a liquor distribution business as an individual business by leaving a liquor wholesale company with a liquor wholesale license. However, upon receiving a proposal from the Plaintiff’s husband, the Plaintiff purchased the shares of the Defendant Company from the Defendant Company as the Plaintiff’s partner, and accordingly, acquired approximately 50 business rights for the Plaintiff’s customer business place at the time of the Plaintiff’s business, approximately 80 business rights for the Defendant Company, and approximately 1.4 tons of truck, 33% of the shares of the Defendant Company as the representative director of the Defendant Company. At the time, the Plaintiff and the Defendant Company decided to exclude the Plaintiff’s outstanding shares from the Plaintiff’s existing customer, and the Defendant Company collected the outstanding shares of KRW 128,00,000,000, and the Defendant Company did not pay the outstanding shares of KRW 128,000 to the Plaintiff under a loan agreement with the Plaintiff at the time of the Plaintiff’s business place. However, the Defendant Company did not immediately pay the outstanding shares to the Plaintiff KRW 128,00,000.

Under the instant contract, the Defendant Company withheld the payment of the principal amounting to KRW 128,00,000 to the Plaintiff, and paid KRW 1,200,000 per month from 203 to 2015 to 1,20,000 per month as interest per month on the principal amount. Since the dispute between the Plaintiff and C arose between the Plaintiff and the Plaintiff, the Defendant Company sought payment of KRW 128,00,000 for the principal amount remaining under the instant contract.

2. Facts of recognition;

A. On January 2002, the Plaintiff was appointed as the director and the representative director of the non-party D limited liability company. On February 2002, the above limited liability company D is a limited liability company E, and the limited liability company E is a real agent of the Plaintiff.

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