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(영문) 서울남부지방법원 2015.02.09 2013가단72712
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from October 11, 2013 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 3, 29, 32, 38, 39, 41 and 42 and the entire purport of the pleadings:

On June 3, 2002, the Plaintiff lent KRW 100,000,00 to the Defendant on June 3, 200 to the Defendant within one month after the date of listing the shares of C, which the Defendant promoted.

B. On November 25, 2002, in order to secure the loan claims, etc. under the preceding paragraph, D and the Plaintiff, on November 25, 2002, entered into a trade promise with the purchase price of KRW 350,00,000 with respect to the above company’s share as part of the above company’s share among the land Seocho-gu Seoul E, and on November 27, 2002, on November 27, 2002, the Plaintiff’s claim for transfer of ownership was completed on the ground of the above trade promise.

C. On August 12, 2011, the Plaintiff and the Defendant transferred to the Defendant the right to claim ownership transfer of 66.11/470.8 shares among the Plaintiff’s land in Seocho-gu Seoul, Seocho-gu, Seoul, for KRW 130,00,000 among the transfer proceeds, and KRW 30,000,000 out of the transfer proceeds shall be paid as down payment on August 12, 201, and the remainder amount of KRW 100,000,000 shall be paid as stock of the Co., Ltd., with C’s stocks, but agreed to change it to C

(hereinafter referred to as the “instant arrangement”) D.

The Plaintiff received 30,000,000 won as down payment from the Defendant in accordance with the instant agreement. Upon the Defendant’s request, on August 19, 201, the Plaintiff completed the additional registration to transfer the ownership transfer claim registration as to shares to C on August 19, 201, among the Plaintiff’s land Seocho-gu Seoul E Co., Ltd., but the Defendant did not pay to the Plaintiff shares of D equivalent to KRW 100,000,000.

2. The plaintiff asserts that the defendant is liable to pay KRW 100,000 to the defendant out of the transfer proceeds stipulated in the contract of this case, and the defendant is not the plaintiff and the defendant, but the plaintiff and the defendant are not the plaintiff and the defendant.

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