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(영문) 서울남부지방법원 2018.10.25 2017가합108715
차용금
Text

1. The Defendant’s KRW 400,00,000 and the Plaintiff’s annual rate from July 13, 2017 to October 25, 2018, and the following.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “D”), regardless of whether before and after the company name was changed to D Co., Ltd., Ltd., Ltd., (hereinafter “D”), acquired the ownership of a slaughterhouse, which was located in F. F. and four parcels, Gangnam-gun, Gangnam-gun, Gangwon-do through compulsory auction on September 30, 2014.

G and H (hereinafter “H”) decided to acquire D management rights with I to operate the slaughterhouse (H et al., 51%, I 49%), and the defendant as representative director.

B. On March 2015, H et al. requested the Defendant to lend insufficient stock purchase funds, and H et al. introduced the Defendant, who is a guest, to the Defendant.

C. On March 20, 2015, J Co., Ltd. (hereinafter “J”) operated by the Plaintiff (hereinafter “Defendant”) set up a collateral security (480,000,000 won) against the operation of a building on three parcels outside Seocho-gu Seoul, Seocho-gu, Seoul, with the Defendant, and was loaned KRW 400,000,000 from the Industrial Bank of Korea.

On the same day, the Plaintiff sent to the Defendant a certificate of loan indicating the loan amount of KRW 400,00,000, the repayment date of June 20, 2015, the interest rate of KRW 6% per annum, interest rate of KRW 20% per annum, and interest rate of KRW 20% per annum, by facsimile. The Defendant stated in the above certificate of loan “(ju) D oligopolistic shareholder B” and affixed a seal by facsimile to the Plaintiff.

(2) The Plaintiff sent 399,000,000 won to the Defendant.

The Defendant lent KRW 379,00,000 out of this money to H as a share purchase fund, and decided to acquire shares in the name of the Defendant as collateral.

On March 26, 2015, Defendant and I purchased shares (Defendant 51%, 15,300 shares, 14,700 shares) from L and I (Defendant 51%, 15,300 shares, 14,70 shares).

E. Defendant and I were inside directors of D on March 24, 2015, and Defendant was appointed as representative director on April 28, 2015.

(f)D took out loans of KRW 2,450,000,000 from the Suhyup and used them as operating capital with the debentures of KRW 900,000,000, but failed to normally operate the slaughterhouse.

D has invested KRW 1,130,00,000 from the Plaintiff on December 18, 2015.

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