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Reasons
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(영문) 서울남부지방법원 2014.12.11 2014나9507
대여금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim against the Defendant (1) on November 30, 2012, the Plaintiff paid KRW 120,000 to the Defendant, and in return, the Plaintiff registered the Plaintiff as the Defendant’s director, transferred 35% of the Defendant’s shares to the Plaintiff, and the Defendant entered into an agreement with the Plaintiff to pay 60,000 won annual dividends and wages to the Plaintiff. Under the said investment agreement, the Plaintiff transferred KRW 120,000 to the Defendant on the date of the said agreement.

(2) However, as the Defendant did not assign the Plaintiff the position of transferring shares and directors as stipulated in the above investment agreement, the Plaintiff requested the Defendant to return KRW 120,000,000 to the Defendant. Accordingly, the Defendant proposed to the Plaintiff to revise the instant investment agreement by setting the Plaintiff’s interest rate of KRW 120,000 at an annual interest rate of KRW 30,000,000,000 to the Defendant, and the said investment agreement was modified to the agreement to lend KRW 120,000 to the Defendant at an annual rate of KRW 30,000 (hereinafter “instant agreement”).

(3) Under the instant loan agreement, the Defendant, on December 31, 2012 (the name of the Defendant’s representative C), transferred the money of KRW 3 million each to the Plaintiff as the name of repayment of interest on the said loan (the name of D), January 31, 2013 (the name D), March 4, 2013 (C), and April 1, 2013 (C), respectively.

B. Around January 26, 2012, the Defendant loaned KRW 20 million to E with a total of KRW 30 million around January 31, 2012, and KRW 50 million at an annual interest rate of 36%.

C. On the other hand, on April 9, 2013, the Plaintiff loaned KRW 100,000 to E with the business fund as the introduction of the Defendant’s representative C around April 9, 2013, and KRW 50,000 among them shall be paid in cash.

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