logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2012.10.26 2011가합12293
대여금
Text

1. The defendant shall pay to the plaintiff KRW 200,000,000 and KRW 50,000 among them, from April 12, 2008, and KRW 50,000,000.

Reasons

1. Basic facts

A. The Defendant was an employee of C Co., Ltd. (the foregoing company was dissolved on December 5, 201; hereinafter “C”).

B. The Plaintiff’s account under the name of the Defendant was on May 15, 2007, and the same year

6. 15.15.19

7. On January 25, 2008, each of the 50,000,000 won was remitted to KRW 200,000,000,000. At each time, each of the above money was issued by the defendant as to each of the above money under C (hereinafter “the investment agreement document of this case”).

C. Details of the investment agreement of this case are as follows.

(The contract period has been one year, and is automatically extended unless there is a special reason). May 15, 2007, the same year.

6. 15.15.19

7. Article 5(C) of the Investment Agreement Deed dated 25.25 (hereinafter “Investment Agreement Deed”) is obligated as a good manager to make maximum efforts to ensure the safe operation of the investment amount, and even if a security for the investment amount is recovered through auction, it should be paid to the Plaintiff by compensating for the principal of the investment in the relevant article even if the security for the investment amount is recovered through auction.

Article 5(C) of the Investment Agreement Deed dated January 25, 2008 (hereinafter referred to as the “Investment Agreement Deed”) is a good manager’s duty to make maximum efforts to manage the amount of investment to the fullest extent possible. If the amount of investment is not due to natural disasters, sudden changes in economic circumstances, or other reasonable reasons, the principal shall be preserved and paid to the maximum extent possible.

On March 2008, the Plaintiff requested the Defendant to return KRW 200,000,000 to the Defendant. On March 27, 2008, the Defendant drafted a written confirmation (hereinafter “instant written confirmation”) as follows, which was in the name of C, to the Plaintiff on March 27, 2008:

The date of the instant certificate: KRW 50,000,000 was requested to repay the said amount, but it was impossible to repay the said amount due to the difficulties of the company’s circumstances.

It promises to repay by April 11, 2008, in consultation with the corporate bond group.

E. The instant case.

arrow