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(영문) 제주지방법원 2018.02.05 2017가단53431
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence Nos. 1 and 2-1 and 2 of the basic facts, the judgment in favor of the Plaintiff was rendered on September 13, 2007 in the Jeju District Court 2007Gahap1186 Loan case between the Plaintiff and the Defendant, with the same content as the purport of the claim on September 13, 2007, and the above judgment is recognized as finalized on October 31, 2007.

2. The parties' assertion

A. The Plaintiff sought the payment of the loan to the Defendant, as stated in the purport of the claim, in order to suspend the extinctive prescription by setting the loan claim that became final and conclusive upon expiration of the extinctive prescription period.

B. On March 19, 2008, the Plaintiff’s loan claims were extinguished by the Defendant’s transfer of 15% (4,500 shares) of C Co., Ltd. (hereinafter “Nonindicted Company”) in lieu of repayment.

3. Determination

A. The following facts are acknowledged according to Gap evidence 7, Eul evidence 1, Eul 2, 3, 4, 5, 6, 7, 15, 16, 24, and 28, the result of the order of submission of documents to the Director of Jeju Tax Office, and the purport of the whole pleadings.

(1) The non-party company is a company established on October 23, 2007 for the purpose of solar development and actually owned by the defendant.

(2) After the judgment on the above loan case became final and conclusive, the Defendant proposed to transfer 4,500 shares of the non-party company to the Plaintiff out of 30,000 shares of the non-party company and set off the Plaintiff against the above loan claim under the condition that the Plaintiff registered the Plaintiff as a registration director of the non-party company. On April 3, 2008, the Defendant transferred 4,500 shares of the non-party company owned by Da and registered the Plaintiff in the register of shareholders, and registered the Plaintiff as a director

(3) On the other hand, the defendant received 150,000,000 won from E on February 2, 2008, and received 3,000 shares of the non-party company (10%) from F, and distributed 6,000 shares of the non-party company (20%) to F, and registered E and F as each director.

(4) On August 2, 2012, the Defendant received KRW 50,000,000 from the Plaintiff and transferred the shares of Nonparty Company 5,000 (this led to the Plaintiff’s share ratio of KRW 25%). If the Defendant stated that the shares of Nonparty Company were to be KRW 50,00,000.

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