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(영문) 서울서부지방법원 2020.01.23 2019가합36769
대여금반환청구
Text

1. The Defendants each of the KRW 122,50,000 to the Plaintiff and 12% per annum from July 20, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that owns and operates a mutual hotel of F in Yongsan-gu Seoul Metropolitan Government E.

From March 27, 2015 to April 4, 2019, the Defendants held 187,250 shares (25%) of the Plaintiff’s total issued shares from March 27, 2015 to April 4, 2019, each of the 749,00 shares (25 percent shares issued by the Plaintiff was owned by G, the representative director of the Plaintiff at the time of the establishment of the Plaintiff) and were in office as the Plaintiff’s internal director from March 27, 2018.

B. On March 23, 2016, the Plaintiff lent KRW 182,500,000 each to the Defendants (hereinafter “each of the instant loans”), and the Defendants repaid each of the instant loans to the Plaintiff KRW 60,000,000 as follows.

Defendant C CD’s 25,00,000,000 on August 3, 2017 on March 23, 2017; 10,00,00 on March 22, 2017; 10,00,00 on June 22, 2018; 10,00,00 on April 10, 20,00,00, 00 on July 10, 207; 10,000,00 on July 26, 2017; 10,000,00 on August 10, 20, 200, 10,000,00 on September 13, 10, 200; 10,000,00 on May 19, 200, 208; and 30,000 on May 10, 2017.

2. Determination

A. According to the above facts, barring any special circumstance, the Defendants are obligated to pay each of the 122,50,000 won (i.e., 185,200,000 won - 60,000,000 won) as the return of the unredeemed portion of each of the instant loans to the Plaintiff, barring any special circumstance.

B. The summary of the Defendants’ defenses by the Defendants, the Defendants, and G, in the course of jointly establishing and operating an investment by the Plaintiff, amounting to KRW 10 billion from a financial company.

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