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1.(a)
The judgment of the court of the Republic of Korea against the plaintiff in the defendant B is based on the payment order of 2013Ra196.
Reasons
Basic Facts
The Plaintiff is a professional axis foundation corporation with D’s annual notification; Defendant B (hereinafter “Defendant B”) is a juristic person with the purpose of packaging business, electrical construction business, etc.; Defendant C (hereinafter “Defendant C”) is a juristic person with the purpose of processing agricultural, livestock and fishery products, manufacturing crude food, etc.
E was in office as an outside director of the Plaintiff from July 23, 2011 to July 23, 2014, and was in office as the representative director of the Plaintiff from August 22, 2011 to December 14, 2012. From December 14, 2004 to October 10, 209, E was in office as a director or internal director of Defendant C, and is in office as the representative director of Defendant C from October 10, 2009.
Defendant C 80,00 shares held by Defendant C 36,00 shares or G 36,00 shares or KRW 10,000 shares or KRW 200,000 shares or KRW 16,000 shares or KRW 200,000 shares or KRW 16,000 shares or KRW 4,00 shares, or KRW 30,000 shares or shares, respectively. From May 31, 2014 to the closing date of the instant loan agreement, E concurrently serves as Defendant B’s inside director or representative director. As of March 21, 2011, at the time of entering into each of the instant loan agreement, Defendant B’s representative director was son of E, and as of March 21, 2011, Defendant B’s share holding status (total number of shares held: 200,00 shares or shares) was as follows.
The Plaintiff borrowed a total of KRW 3.5 billion from Defendant B as shown in the attached Table, and KRW 1 billion from Defendant C, respectively.
(Attached Loan Agreement (hereinafter “each Loan Loan Agreement”). On December 26, 2013, Defendant C applied for a payment order against the Plaintiff for the payment of the remaining loan amounting to KRW 1.3 billion under each loan loan agreement with the Korean District Court 2013 tea280, Jinwon District Court. The said payment order issued on January 3, 2014 (hereinafter “instant payment order”) became final and conclusive on January 24, 2014.
Defendant B: (a) on August 27, 2013, the District Court 2013Da196 rendered against the Plaintiff, the District Court 2013Da196, the remaining loan of KRW 1 billion based on the loan for consumption.