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(영문) 수원지방법원 안산지원 2018.07.05 2018가합180
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of Gap evidence No. 1-1 as to the cause of the claim and the whole pleadings, it is recognized that the plaintiff loaned and invested a total of KRW 250,000 to the defendant from December 2, 2004 to July 2006, and that the defendant agreed on July 18, 2008 to return KRW 250,000 to the plaintiff by December 30, 2008.

Therefore, barring special circumstances, the defendant is obligated to pay the above KRW 250,000 to the plaintiff.

2. Judgment on the defendant's defense

A. The Defendant asserted that, according to the agreement with the Plaintiff, instead of returning the above KRW 250,00,000, the Defendant transferred the Plaintiff’s shares of C (hereinafter collectively referred to as “C”) equivalent to the above amount to “C” on October 15, 2010.

Therefore, the defendant has no obligation to pay the above 250,000,000 won.

B. Determination 1) According to the overall purport of the statements and arguments in Eul evidence 1 to 4 (including the pertinent branches), the following facts are recognized. (A) C is a company established on January 14, 2005.

From the time of establishment to January 14, 2008, the Plaintiff worked as a director. The Defendant served as a director from the time of establishment to December 4, 2007, and as a representative director from December 4, 2007, and resigned on September 20, 2012.

B) The Plaintiff around October 24, 2005 40,000 shares C (the par value per share is KRW 500 per share; hereinafter the same shall apply).

A total amount of KRW 20,000 was owned, and around March 29, 2006 accepted KRW 100,000 and owned a total of KRW 140,000 (total amount of KRW 70,000,000).C) The Plaintiff and the Defendant drafted a sales contract for shares with the following details on December 31, 2009.

The Defendant and the Plaintiff entered into a share sales contract as follows, and the sales price was paid prior to the conclusion of the contract.

- the following-

1. Stocks subject to sale: C;

3. Quantity to be traded: 360,000 weeks;

4. Unit price for trading: 500 won per share;

5. Total purchase price: 180,000,000 won.

6. A seller shall enter into the register of shareholders at the time of settlement of accounts in 2009.

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