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(영문) 서울동부지방법원 2018.11.22 2017가합104260
구상금
Text

1. The Defendant’s KRW 398,597,637 as well as 5% per annum from July 21, 2015 to November 22, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties (1) The defendant is one company that C owns the entire shares.

From August 6, 2010, the Plaintiff served as the only internal director of the Defendant, retired on August 6, 2013 due to the expiration of the term of office of directors under the Commercial Act, and the registration of his retirement was completed on August 18, 2015.

(2) The D Co., Ltd. (hereinafter “D”) is a company with which E, the omission of C, was the representative director, and F Co., Ltd. (hereinafter “F”) is a company with which C is the representative director.

B. The Plaintiff (1) lent KRW 200 million to C on July 2, 2009.

(2) On May 6, 2010, the Plaintiff drafted a loan certificate with the purport that the Plaintiff lent KRW 200 million to F, and on the same day, the Plaintiff created a collateral security in Songpa-gu Seoul Metropolitan Government G Apartment 301 Dong 1201 (hereinafter “instant apartment”), which is owned by the Plaintiff, borrowed KRW 200 million from the bank in the name of D (hereinafter “instant apartment”) and paid KRW 100 million among them to C.

(3) On August 6, 2010, the Plaintiff: (a) provided the instant apartment as collateral and set up a collateral by F to borrow KRW 300 million from H from the bond company H (hereinafter “instant apartment loan”).

On August 3, 2010, the Plaintiff and F drawn up a loan certificate with the purport that the Plaintiff lends 300 million won to F.

C. (1) On November 8, 201, the Plaintiff established a collateral security on the instant apartment on the instant apartment, and received loans from the Defendant in the name of the Defendant to cover KRW 200 million (hereinafter “instant loan”), and repaid the loan under the name of the Defendant. On the same day, on May 6, 2010, the establishment registration of a collateral security (debtor: D and the mortgagee: the bank) was cancelled.

(2) On September 26, 2011, the Plaintiff subrogated for KRW 300 million to H, and on September 28, 2011, the registration of creation of a mortgage (F and the mortgagee: H) around August 6, 2010, which was established on the instant apartment on September 28, 201, was cancelled.

(3) On November 22, 201, the Plaintiff is an apartment building of this case.

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