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(영문) 대전지방법원논산지원 2019.11.28 2018가단22599

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 13, 2010, the Plaintiff entered into a partnership agreement with Nonparty C and D to jointly operate the Defendant Company. Accordingly, the Plaintiff owned 40% of the shares of the Defendant Company, 30% of Nonparty D, and 30% of the shares of Nonparty C.

B. Upon the death of Nonparty C on April 15, 2014 and withdrawal from the partnership relationship, the Plaintiff and Nonparty D drafted on May 12, 2015 a written confirmation of the following (hereinafter “instant confirmation”).

As of May 12, 2015, the spouse A and E of the representative of the defendant company and the second shareholder E are confirmed and proved as follows, and no objection shall be raised in the future.

A's representative KRW 0,000,000,000, which is included in A's revenue, is recognized as the company's share with the payment of the G's land share at the time of public housing related to F construction costs.

Provided, That the provisional revenue related to the H factory construction shall be calculated separately from the following:

1. Name: A: 83,420,000

2. Name of E: D 43,470,000 won.

C. On September 16, 2015, the Plaintiff was appointed as the representative director of the Defendant Company, and resigned on March 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that, while running the Defendant Company jointly with Nonparty C, D and the Defendant Company, the Plaintiff loaned the Company’s operating funds in the form of a provisional loan, in addition to the contribution under the partnership agreement. On or before May 12, 2015, the Plaintiff settled that the amount loaned to the Defendant Company prior to Nonparty D remains at KRW 83,420,00,00 with Nonparty D, and further lent KRW 221,085,249 to June 14, 2018, the Plaintiff loaned KRW 221,085,249 to the Defendant Company as a total of KRW 304,505,249, and KRW 150,362,402, a double repayment of KRW 154,142,847.

B. Determination Domins, and as of May 12, 2015 between the Plaintiff and D, each company.