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(영문) 서울고등법원 2017.09.29 2017나2006601
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The basic facts;

2. The reasoning for this part of the judgment on the cause of the claim is as stated in the corresponding part of the judgment of the first instance except for the following cases. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From May 29, 2006 to November 23, 2012, the second to the second to the nine second to the judgment of the court of first instance, “the plaintiff served as a director of the defendant (hereinafter “the defendant corporation”). The plaintiff was registered as a director who can exercise the power of representation of the defendant corporation from July 2, 2007 to November 23, 2012.”

After the fourth sixth third third third of the judgment of the first instance, “A defendant corporation will implement a memorial park construction project, select Dowon Construction Co., Ltd. (hereinafter “Dowon Construction”) as a contractor, and then borrowed KRW 9 billion from the bank on October 29, 2007 at Dowon Construction Co., Ltd. (hereinafter “Dowon Construction”).

The fifth seventh of the judgment of the court of first instance is to read " June 8, 2008" as " June 8, 2009".

3. Determinations as to the deduction or counterclaim of the defendant corporation - To the extent necessary - The arguments of the parties are examined as follows.

1) A party’s assertion 1) Since the Defendant Corporation C paid the capital amounting to KRW 2.5 billion in the form of a disguised payment, it was obligated to pay the said money to the Defendant Corporation. The Plaintiff acquired the right to operate the Defendant Corporation in Korea, and acquired the said debt amount to the Plaintiff of the Defendant Corporation in the form of “provisional payment to the Plaintiff of the Defendant Corporation.” Ultimately, the Defendant Corporation has a claim for the return of provisional payment amounting to KRW 2.79 billion in the balance of the Defendant Corporation’s debt amount to the Plaintiff. Therefore, the Plaintiff’s loan claim against the Defendant Corporation should be deducted or offset against the Plaintiff’s claim for provisional payment to the extent of equal amount. 2) Since it is necessary to arrange accounts in order to report the Plaintiff’s claim for provisional payment to the Plaintiff, or to raise the cost for the construction of memorial Park.

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