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(영문) 서울서부지방법원 2016.05.11 2015가합37474
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 263,727,265 with full payment from September 17, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 4, 2008, the Defendant, while in office at the Plaintiff Company, applied for the preferential allotment of the subscription amount of KRW 262,00,000 (50% of Plaintiff loans and 50% of financial institution loans). On the same day between the Plaintiff and the Plaintiff on the same day, “amount: 131,00,000,000 won: the acquisition fund of employee stocks: the period: the date of acquisition of employee stocks from the date of withdrawal of employee stocks to the date of withdrawal of employee stocks (Provided, That it is two years from the date of deposit of stocks, and no interest: 2 years from the date of withdrawal

Accordingly, the defendant

8. 13. The Plaintiff borrowed KRW 117,370,000 from the Plaintiff’s financial institution on the same day and borrowed KRW 117,378,80 from the financial institution; and

9. From October 13, 2010 to October 13, 2010, the Plaintiff borrowed 14,011,215 won interest on the loans of the said financial institution from the Plaintiff.

B. On November 2, 2009, the Defendant additionally subscribed for the preferential allotment of employee shares with the subscription amount of KRW 280,000,000 (50% of the Plaintiff’s loans, and KRW 50% of the financial institution loans). On the same day, the Defendant prepared an agreement on company loans, such as the “Agreement on Company Loans” written by the Plaintiff, with the content that the amount between the Plaintiff and the Plaintiff is KRW 140,00,000,000.

Accordingly, the Defendant borrowed KRW 131,180,00 from the Plaintiff on November 23, 191, and received KRW 131,181,00 from the financial institution on the same day, and borrowed KRW 17,127,030 from the Plaintiff during the period from December 23 to January 25, 2012.

C. Since then, the Defendant repaid the Plaintiff KRW 15,960,980 in total, including the dividend, bonuses, and the sales price of the fractional share due to the reduction of the employee shares acquired by the said method.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including each number), and the purport of the whole pleading

2. According to the above facts of recognition as to the claim of the principal lawsuit, the defendant, barring special circumstances, shall make the plaintiff a total of KRW 279,688,245 from the plaintiff = 117,370.

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