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(영문) 대전지방법원 2018.01.12 2016가단205950
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 30,600,000 and KRW 20,600,000 among them, from November 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 20, 2010, Defendant B purchased 11,051 shares of D Co., Ltd. from the Plaintiff to KRW 157,500,000 (price 14,252 per share). On May 19, 2010, prior to the preparation of the share purchase and sale contract, Defendant B agreed to pay the Plaintiff a total of KRW 100,000 won of the down payment and the intermediate payment, and the remainder amount of KRW 57,50,00,000 to be paid by September 30, 2010.

Defendant B paid the Plaintiff KRW 10 million on August 19, 2010, KRW 4 million on August 23, 2010, KRW 10 million on September 15, 2010, KRW 100 million on September 30, 2010, KRW 17.5 million on September 30, 2010, and paid the Plaintiff KRW 40 million on September 30, 201, the remainder payment date.

(hereinafter referred to as the "stock purchase price of this case")

On the other hand, on August 19, 2010, the Plaintiff lent KRW 10 million to Defendant C with interest rate of KRW 2% per month and due date of repayment on October 19, 2010. Defendant B became a guarantor for the above loan obligation.

(2) On November 2, 2012, Defendant B paid to the Plaintiff KRW 3 million out of the above borrowed money, which was appropriated to the principal, and the remainder of the borrowed money became KRW 7 million.

(C) Defendant B paid to the Plaintiff KRW 70 million on September 10, 2015, and KRW 300,000 on October 27, 2015.

C. On October 29, 2015, Defendant B deposited the deposited amount of KRW 18 million with the Daejeon District Court Decision 5920,000,000 won as the Plaintiff. As a result of the deposit, Defendant B stated as follows: “The remainder of KRW 40,000,000,000 and KRW 18,000,000,000,000,000,000 won out of the outstanding amount of KRW 17,88,00,000,000,000,000,000 won

On March 18, 2016, the Plaintiff reserved and withdrawn an objection to the deposit. D.

The details that Defendant B transferred to the Plaintiff with the instant stock purchase price and the loan money are as shown in the attached Form “current Status of Deposits”.

(C) [Fact that does not have any dispute]. [Grounds for recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1 and 3, and the purport of the whole pleadings.

2. Determination as to the claim for share purchase price of this case

A. The plaintiff's assertion B is the defendant B.

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