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(영문) 서울중앙지방법원 2017.09.08 2017가합522636
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2011, the Plaintiff is a company established by C, D, and E (hereinafter “three persons, including C”) to engage in credit business. The Defendant Company, as a KOSDAQ-registered company whose business purpose is CCTV manufacturing, served as the representative director of the Defendant Company from February 22, 201 to December 20, 201.

B. On February 10, 201, E loaned KRW 80 million to F through G to the Defendant Company acquisition fund. 2) D through G on March 9, 2011, through G, lent KRW 210,475,00 to F as the Defendant Company’s management fund. The F agreed that KRW 80,000,000 as stated in paragraph (1) above should be added to KRW 300,000,000 as the principal of the loan. 3) C et al. lent KRW 50,000 to F through G on March 18, 2011.

4) On March 21, 2011, E and D lent KRW 2.40 million to F as the Defendant Company’s operational fund. E remitted each KRW 100 million to H and I’s account designated by F, and D delivers KRW 40 million to G. 5) on March 23, 2011, D lent KRW 200 million to F through G to the Defendant Company’s operating fund.

6) On October 10, 201, E loaned KRW 400 million to F, and deposited it into the J account designated by F. 7) The Plaintiff and F agreed that F shall repay the amount borrowed from three persons, including C, to the Plaintiff as KRW 1.8 billion. On November 10, 2011, the Plaintiff and F written a standard loan transaction contract and a money loan contract (hereinafter “the loan contract in this case”) with the Plaintiff, the debtor, the Defendant Company, the debtor, the joint and several surety, the loan amount of KRW 1.8 billion, the interest rate of KRW 3 billion, the monthly repayment date, and January 10, 2012.

C. 1) The Defendants C, F, and Defendant Company received from F on March 24, 201, and Promissory Notes, the issue date and amount of which are blank (hereinafter “instant Promissory Notes”) are the addressees C, issuer F, and Defendant Company, and Promissory Notes, which are in blank.

The par value shall be 1.8 billion won, and it shall be from F and the defendant company.

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