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(영문) 서울고등법원 2017.08.17 2016나2064372
대여금
Text

The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

Basic Facts

From October 28, 2003 to December 31, 2005, the defendant operated the above company established for the purpose of trade, food service, etc. as the representative director of the stock company C (hereinafter referred to as the "foreign company") from October 28, 2003 to December 31, 2005, and completed the personal business registration from September 11, 2008 to D, and operated trade and wholesale businesses such as cosmetics, clothing, etc.

On April 14, 2004, the Plaintiff invested KRW 50 million in the non-party company. At that time, the Plaintiff was registered as holding 25% of the shares issued by the non-party company’s shareholder registry.

After December 14, 2004, the Plaintiff transferred KRW 10 million from G’s corporate bank account to the Defendant’s account; KRW 10 million from the Plaintiff’s Han Bank account to the Nonparty Company’s account on March 2, 2005; and KRW 4 million from the Plaintiff’s corporate bank account to the Nonparty Company’s account on June 9, 2005; and around September 15, 2005, the Plaintiff continued personal financial transactions with the Defendant, such as ordering the Plaintiff to perform human resources construction work at the Nonparty Company’s office in lieu of the payment of the above goods.

On June 27, 2011, the Plaintiff presented a draft [the remaining part excluding the part on which the Defendant was able to receive a report (the part on which excluding the part on which the Defendant was able to receive a report)] of the letter of performance (hereinafter referred to as “the first implementation note”) with which the Defendant was written in advance to the Defendant, and demanded the Nonparty Company to repay the total amount of KRW 123 million and the total amount of KRW 173 million to the Defendant until then.

Accordingly, the Defendant did not comply with the Plaintiff’s order to recover the Plaintiff’s investment amounting to KRW 50 million on the grounds that there is no reason to return the said amount. However, the Defendant stated the terms of the borrower’s personal information and the proviso of the lower end in the first performance letter as to the Plaintiff’s promise to make additional investments, and gave the Plaintiff a private person, after which the Plaintiff entered the terms of the borrower’s personal information and the lower end in the first performance letter.

. Each letter of this administration.

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