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(영문) 서울중앙지방법원 2018.05.25 2017가단5107097
대여금
Text

1. The Plaintiff:

A. Defendant B and D shall jointly and severally pay 16 million won, and they shall be fully paid from November 1, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was registered as the representative on the corporate register as a company for delivery business, etc., but actually operated by Defendant D, its father.

B. On April 14, 2016, when the Plaintiff, upon the request of Defendant D, decided to invest business funds in the Defendant Company, the Plaintiff drafted a fund investment contract with the Plaintiff and the Defendant Company as a party, and the Plaintiff stated that “the amount invested by the Plaintiff in the Defendant Company shall be 20% of the shares of the Defendant C, and shall be able to make occasional investments and recoverys within the limit of 100 million won. The security of the Defendant C shall be 50 million won or more, i.e., 100 million won, and the personal seal of the Defendant C shall be affixed to the name of the Defendant Company, instead of the corporate seal.

On October 10, 2016, 2016.04 16,00,000,000 480,000 (each 10th day) 10,000,000 30,000 on October 23, 2016 (each 10th day) 300,000 on October 23, 2016, 209 10,006 10,000,000 5,000,000 5,000,000,000 5,000,000,000 10,000,000 10,000,000 10,50,000 10,000,000 10,000 30,007,000 10,006, 3007,000.

C. In addition, upon Defendant D’s request, the Plaintiff set the maturity of one year from the respective lending date, and the interest rate of 3% per month, and deposited KRW 53,100,000 in total to Defendant C’s personal account as indicated below.

An agreement on the lending date (interest payment date) 12.09.12.09 10,000,000 300,000 (til December 9, 2016) 205.03 10,000,000 30,000 (til January 10, 2016) 30.17.05,000,000 375,000 ( April 16, 2016) 44. 14,006.0,40,000, 450,000 ( April 16) 5, 2016.09 3,70,000,000,000 (by January 10, 2016) 5,011,000 (by January 19, 100)

D. The Defendants from November 2016.

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