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(영문) 수원지방법원 2018.08.24 2017나80141
차용금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 1, 2014, the Plaintiff entered into a share sales contract (hereinafter “instant contract”) with a company E (E) holding the Plaintiff’s shares of KRW 73,000 per share (hereinafter “E”) and with a total of KRW 175,200,000 per share (hereinafter “instant shares”).

B. The Plaintiff received KRW 8,760,000 as the down payment under the instant contract, and the remainder was paid on October 31, 2014. The instant shares were transferred to F designated by B prior to the remainder payment date.

C. On September 1, 2014, Defendant Company decided to be jointly and severally liable with B regarding the instant contract.

(hereinafter “Agreement on Joint and Several sureties”) d.

In order to pay the balance of the instant contract, joint and several guarantors, including B and Defendant Company, prepared a loan certificate on September 1, 2014, and according to the loan certificate, interest shall be paid from November 2014, and interest shall be paid from 1.5% per month, but interest shall be paid at 1.5% per month, and if interest is not paid every month, damages for delay calculated at the interest rate of 2.5% per month of the principal amount shall be paid at the lapse of 3 days from the following day.

E. B prior to the conclusion of the instant contract, only the name of the representative director of the Defendant Company was lent to B, and at the time of the conclusion of the instant contract, B and D substantially operated the Defendant Company. At that time, Defendant D managed the seal imprint of the Defendant Company as the principal director of the Defendant Company. Defendant D prepared and presented to the Plaintiff the part of the Defendant Company, which was the document at the time of concluding the instant contract and the instant joint and several guarantee agreement (Evidence 5-1), a letter of contract execution agreement (Evidence 5-7), a certificate of borrowing (Evidence 5-7), a certificate of stock transfer and acquisition (Evidence 5-2) (hereinafter “certificate of agreement, etc.”), and the Plaintiff prepared and completed the written agreement, etc.

(f) B.

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