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(영문) 서울북부지방법원 2015.10.06 2014가단43745
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship between the parties, etc. (1) A Co., Ltd. (hereinafter “D”) is a company that runs the business of publishing and selling periodicals.

Defendant B was registered as the representative director of the non-party company by November 8, 2013, and Defendant C introduced Defendant B to the Plaintiff.

(2) On April 19, 2012, the Plaintiff lent 2 million won to the non-party company (the defendant B is merely indicated as the representative director) and the defendant C guaranteed the above debt of the non-party company.

In addition, Defendant B prepared a written confirmation of the equity ratio that “it transfers 5% equity of the company outside the country” to the Plaintiff on this day, and thereafter, the Plaintiff became an adviser of the company outside the country.

(3) On September 26, 2012, Defendant B drafted a written confirmation of transfer and acquisition of equity shares to the Plaintiff on September 26, 2012, “The transfer and acquisition of 10% equity interest in the company other than the lawsuit. The amount borrowed from the special agreement and its interest shall be repaid within November 14, 2012.”

B. (1) On November 14, 2012, Defendant B entered the Plaintiff’s personal information of Nonparty Company and Defendant B in sequential order. On the other hand, on the other hand, Defendant B prepared the following: “The amount of 12 million won, computer contents of the loan, copying machine, printing machine, wages, operating expenses, office rent, loan period from May 26, 2012 to November 14, 2012; shares of 15% of the special agreement; and the date of repayment on December 31, 2012: Provided, That upon the lapse of the repayment date, Nonparty B transferred to the Plaintiff as of January 1, 2013.”

Meanwhile, the Defendants included the above 12 million won, and indicated their names on the face of each receipt from May 26, 2012 to September 19, 2012, stating the details of expenditure used for the operation of the non-party company.

(2) On May 12, 2014, the Plaintiff filed a lawsuit claiming the transfer of share certificates against Defendant B based on the instant loan certificate, from the Seoul Northern District Court (2014Gahap2987) on September 10, 2015.

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