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(영문) 서울중앙지방법원 2015.11.24 2014가단265010
구상금
Text

1. The Defendant’s KRW 1,986,876 as well as the Plaintiff’s annual rate of 5% from December 15, 2006 to November 24, 2015.

Reasons

1. Facts of premise;

A. On May 29, 2004, the Defendant, C, and D established E Co., Ltd. (after that, the name was changed to the Plaintiff Company) and appointed as the joint representative director of the Plaintiff Company.

B. At the time of the establishment of the Plaintiff Company, the Defendant, C, and D agreed that the Defendant and C own 35% of the shares of the Plaintiff Company in return for investing KRW 750,000,000 in each of the Plaintiff Company, and that D shall own 30% of the shares of the Plaintiff Company in return for taking charge of the establishment and operation of the Plaintiff Company.

[Grounds for recognition] The descriptions of Gap evidence 1-1, 2, Eul 1-3, and the purport of the whole pleadings

2. Determination on a claim for interest and expenses on a national bank loan

A. The plaintiff company's assertion 1) The defendant accepted 150,000,000 won out of 350,00,000,000 won loaned by the national bank from the national bank, and the defendant bears the defendant's share of the contribution to be borne by the plaintiff company's investment. The above loan amounting to 350,000,000 won and loan interest, 150,000,000 won out of the repayment, and the defendant bears the defendant's share of the loan cost and interest on the above national bank loan amounting to 350,00,000 won and the above national bank loan amounting to 350,000,000 won and the above national bank loan amount to 350,000,000,000 won from June 25, 2004 to May 25, 2005 (i.e., interest amounting to 19,251,365,2064,3606.

B. 1) According to each of the statements in Gap evidence 1-1-2, Eul evidence 1-1-2, and Eul evidence 1-2, the following facts can be acknowledged. (A) A borrowed KRW 350,000,000 from a national bank on May 25, 2004.

(hereinafter “National Bank Loans”. (b) around October 2004, the Defendant recognized that the Defendant acquired 150,000,000 won out of the loans from C and National Bank around October 200 and invested the said money in the Plaintiff Company, and that KRW 150,00,000 out of the loans from National Bank.

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