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(영문) 대전지방법원 2015.12.02 2015가합3314
투자금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 592,697,600 and KRW 570,000 among them, from September 1, 2008.

Reasons

Basic Facts

On February 25, 2008, a share lending contract between the Plaintiff and the Defendants (hereinafter “instant share lending contract”) was concluded with the following terms and conditions.

The Plaintiff paid KRW 570,000,000 to Defendant B around that time.

A (hereinafter referred to as "A") and B (hereinafter referred to as "Defendant, borrower, hereinafter referred to as "B") and C (hereinafter referred to as "Defendant, joint guarantor, and surety") shall, in entering into a loan agreement for consumption based on mutual trust, set forth the terms and conditions and make clear the implementation thereof.

(c) Contents of the loan for consumption under Article 1

(a) A shall lend 90,00 shares of glass S 90,000 shares (based on principal amount of KRW 570,00,000) to B in order to make equity investment

B. The lending period is up to April 25, 2008, and up to April 25, 2008, up to April 25, 2008, the lending period is to re-investment of the leased stocks as security and to pay KRW 570,00,000 of the invested principal.

Article 2 Lending Method Stock Certificates shall be de facto leased by transferring 90,000 shares to the actual state, including the Director.

Article 3 Settlement of Loans

(a) A shall pay 570,000,000 won to the invested principal when settlement is made due to the investment period or the termination of the investment;

(b)in addition to interest at 12 per annum if the glass S shares are above the investment principal at the time of settlement;

Around July 17, 2008, a loan transaction agreement between the Plaintiff and the Defendants (hereinafter “instant loan transaction agreement”) with the following terms and conditions (hereinafter “instant loan transaction agreement”) was made.

The following principal and the joint guarantor agree that the terms and conditions of the loan transaction agreement shall be prepared under the agreement with the creditor and shall be fulfilled in good faith.

The contents of the contract: A (Plaintiff) debtor: The loan amount: C (Defendant) : The loan amount: 592,697,600,000 Won-gu,00 Won Won (592,697,600) loan date: February 25, 2008 to August 208.

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