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(영문) 서울고등법원 2018.04.27 2017나2058428
매매대금반환
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Defendant is a stock company with one director established on November 16, 2012.

C was appointed as the defendant's director on March 8, 2013, and resigned on October 2, 2014.

The Plaintiff worked as an employee of the Defendant from October 1, 2013 to October 31, 2014.

B. On February 3, 2012, C drafted a monetary loan agreement stating that the Plaintiff shall pay 2.5% interest per month on the borrowing of KRW 30 million on November 5, 201, and KRW 50 million on February 3, 2012 and the repayment of KRW 50 million on February 28, 2013.

C. On November 21, 2012, C drafted a monetary loan agreement with the Plaintiff on December 31, 2012, stating that the Plaintiff borrowed KRW 30 million, in addition to the previous KRW 50 million, KRW 2.5% per month shall be paid, and that the repayment shall be made on December 31, 2012.

Since then, C prepared the “instant monetary lending contract” with the Plaintiff, the borrower, and the joint and several sureties as the Defendant, E Co., Ltd., and the date of preparation as of December 1, 2012.

[Reasons for Recognition] Gap evidence Nos. 10-1, 2, 3, and Eul evidence No. 4, the purport of the whole pleadings

2. The Plaintiff’s assertion asserts that, on the basis of the instant monetary lending contract, the Plaintiff sought payment of KRW 120 million and interest, etc. to the Defendant based on the said monetary lending contract, the Plaintiff asserts as follows.

The loan amount of KRW 120,000 is KRW 120,000,00,000 to the defendant and the E-stock company for the establishment and operation of the defendant, so the defendant borrowed KRW 120 million.

B. The instant monetary lending contract was drafted around February 2014, but its preparation date was retroactive to December 1, 2012.

In accordance with the monetary lending contract of this case, the defendant shall pay the loan amount of KRW 120 million, interest, etc. as a joint and several surety of C.

3. Determination

A. According to the following: (a) whether the borrower is the defendant; (b) as stated in subparagraph (1) 1-2; (c) as stated in the first instance court’s new bank; and (d) as stated in each order to submit an IBK bank, E Co., Ltd. is a company with one director established on April 28, 201; and (c) C is an auditor on April 28, 201.

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