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(영문) 서울중앙지방법원 2017.06.23 2016가합557901
대여금 등
Text

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

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company established on November 4, 2005, and Defendant C is the representative director of Defendant B.

Defendant D Co., Ltd. (hereinafter “Defendant D”) was established on November 24, 200, but was ordered to be dissolved on December 1, 2009 pursuant to Article 520-2(1) of the Commercial Act, and was ordered to be liquidated on December 3, 2012 pursuant to Article 520-2(4) of the Commercial Act, and Defendant E is the representative liquidator of Defendant D.

Defendant F is a person who introduced money borrowed between the Plaintiff and the remaining Defendants.

B. After introducing Defendant C and E from Defendant F, the Plaintiff loaned a total of KRW 700 million to Defendant C and E (hereinafter “instant loan obligation”) on three occasions as follows. On July 27, 2007, the Plaintiff completed the registration of creation of a collateral for each maximum debt amount of KRW 600 million with respect to the Seo-gu G site and its ground building, Seo-gu Daejeon, Daejeon, and the obligor E (hereinafter “instant collateral security”).

1) On July 27, 2007, the Plaintiff loaned the total amount of KRW 500 million to Defendant B and E, including KRW 300 million on July 27, 2007 and KRW 200 million on November 28, 2007, and Defendant D guaranteed the above debt by 4% on November 28, 2007. (2) On October 3, 2007, the Plaintiff loaned the above debt to Defendant B with the maturity of KRW 200 million on January 4, 2008 and interest rate of KRW 3%, respectively, and Defendant D guaranteed the above debt.

3. From December 10, 2007 to December 18, 2007, the Plaintiff set the total of KRW 7 million to Defendant B as 3% per month from the date of repayment and 3% per month from the date of repayment, and Defendant D jointly and severally guaranteed this.

C. On April 21, 2009, the Plaintiff transferred the instant right to collateral security between Defendant B and the Plaintiff, Defendant B, based on the date of the formation of the agreement, obtained a financing from the outside within one month as collateral, and repaid 30% or 40% of the instant loan obligation with the said financing, and the remainder of the Plaintiff’s instant loan should be converted into equity investment with Defendant B’s stocks.

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